OF01 Assault

Question 1

What is the definition of assault?

Answer 1

An act of intentionally applying or attempting to apply force to another person, directly or indirectly , or threatening by an act or gesture to apply such force to another person, if the person believes on reasonable ground that he has the present ability to carry out his threat.

Question 2

What are the elements of assault

Answer 2

Assault

Another person

Question 3

What is indirect assault?

Answer 3

Means when force is not applied directly to the victim. I.e someone pulling out a chair when someone is about the sit down. The force is when the person hit the floor

Question 4

What is conditional assault

Answer 4

When they use a threat of violence if they carry out an action or no action.

Question 5

What are the three factors when considering in deciding on types of assault charges

Answer 5

• The intent- did they want to scare, injure or kill the victim
• Weapons and degree of force used
• injury received

Question 6

What is doctrine of transferred malice?

Answer 6

the defendant will be liable for the offence if they had the mens rea and committed actus Reus but the victim differs from the one that is intended.

I.e a guy goes to punch a guy and the victim then ducks, therefore the offender ends up punching the person next to victim.

Question 7

What are the components of assault

Answer 7

The act of intentionally apply force …

Or attempting to apply force …

To another person..
Directly or indirectly ..

Or.. threatening by any act or gesture to apply such force to another if the person who is making the threat has or causes the victim to believe on reasonable grounds he has…

…the present ability to effect their purpose.

Question 8

What does Section 62 of the crimes act 1961 state

Answer 8

Everyone authorized by law to use force Is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.