OF01: Assault Flashcards

1
Q

What are the Elements of Assault

A
  • Assaults
  • Another Person
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2
Q

Explain “Another person”

A

A person other than (offender) is (victim).

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3
Q

Explain “Assaults”

A

Intentionally applying force to another person directly or indirectly.

Threatens to apply force by an act or gesture, causing another person to believe they have the present ability.

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4
Q

Explain “Direct Application of Force”

A

Deliberate strike to a person they intended to hit.

Target hit.

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5
Q

Explain “Indirect Assault”

A

Force isn’t applied directly to victim.

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6
Q

Explain “Transferred Malice”

A

Intentionally applying force directly to intended person but hits a bystander.

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7
Q

Explain “Conditional Assault”

A

Threatening someone with an act/gesture to comply with a condition.

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8
Q

Three Factors When Deciding Types of Assault Charge

A
  • Their intent
  • Weapons or Degree of force
  • Injury received
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9
Q

What is “Implied Consent”

A

A handshake/tap on the shoulder/hug/kiss

“Consent to assault”

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10
Q

Explain “Strangulation or Suffocation”

A

Intentionally/recklessly impedes another persons normal breathing/blood circulation by:

  • Blocking nose, mouth or both
  • Applying pressure on throat, neck or both
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11
Q

What does Section 59 of the Crimes Act 1961 refer to?

A

Parents may use force to prevent harmful/criminal/offensive behaviour.

However, using force as punishment/correction amounts to assault.

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12
Q

What does Section 39 of the Crimes Act 1961 refer to?

A

Gives us power to use reasonable force in making an arrest

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13
Q

What does Section 40 of the Crimes Act 1961 refer to?

A

Gives authority for police to use force to stop a person escaping

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14
Q

What does Section 42 of the Crimes Act 1961 refer to?

A

Allows anyone to use reasonable force to prevent a breach of peace

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15
Q

What does Section 48 of the Crimes Act 1961 refer to?

A

Allows anyone to use reasonable force to defend themselves or another person

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16
Q

What does Section 62 of the Crimes Act 1961 refer to?

A

Everyone authorised by law to use force is criminally responsible for any excess