OF01 - Assault Flashcards
CRIMES ACT 1961
SECTION 196
OR
SUMMARY OFFENCES ACT 1981
SECTION 9
ELEMENTS
ASSAULT
Elements:
- Assaults
- Another person
DIRECT APPLICATION OF FORCE
INDIRECT ASSAULT
TRANSFERRED MALICE
CONDITIONAL ASSAULT
WHAT ARE THE THREE FACTORS THAT MUST BE CONSIDERED WHEN DECIDING THE TYPE OF ASSAULT?
- Intent
- Weapon or degree of force
- Injury received
CRIMES ACT 1961
SECTION 39
Executing Process or an arrest
CRIMES ACT 1961
SECTION 40
Preventing Escape or Rescue
CRIMES ACT 1961
SECTION 41
Preventing suicide or certain offences (self harm)
CRIMES ACT 1961
SECTION 42
Breach of the peace
CRIMES ACT 1961
SECTION 48
Self defence and defence of another
CRIMES ACT 1961
SECTION 62
Excessive use of force
CRIMES ACT 1961
SECTION 189
STRANGULATION
Everyone is liable for imprisonment for a term not exceeding 7 years who intentionally or recklessly impedes another persons normal breathing, blood circulation, or both,
By doing (manually or using any aid) all or any of the following:
a). Blocking that other persons nose, mouth or both
b). Applying pressure on, or to, that other persons throat, neck or both.
ASPHYXIA
Closure of the blood vessels or air passages of the neck as a external force on the neck
SUFFOCATION
Produced by blocking nose or mouth