OF01 - Assault Flashcards

1
Q

CRIMES ACT 1961
SECTION 196

OR

SUMMARY OFFENCES ACT 1981
SECTION 9

ELEMENTS

A

ASSAULT

Elements:

  • Assaults
  • Another person
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2
Q

DIRECT APPLICATION OF FORCE

A
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3
Q

INDIRECT ASSAULT

A
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4
Q

TRANSFERRED MALICE

A
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5
Q

CONDITIONAL ASSAULT

A
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6
Q

WHAT ARE THE THREE FACTORS THAT MUST BE CONSIDERED WHEN DECIDING THE TYPE OF ASSAULT?

A
  • Intent
  • Weapon or degree of force
  • Injury received
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7
Q

CRIMES ACT 1961

SECTION 39

A

Executing Process or an arrest

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8
Q

CRIMES ACT 1961

SECTION 40

A

Preventing Escape or Rescue

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9
Q

CRIMES ACT 1961

SECTION 41

A

Preventing suicide or certain offences (self harm)

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10
Q

CRIMES ACT 1961

SECTION 42

A

Breach of the peace

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11
Q

CRIMES ACT 1961

SECTION 48

A

Self defence and defence of another

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12
Q

CRIMES ACT 1961

SECTION 62

A

Excessive use of force

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13
Q

CRIMES ACT 1961

SECTION 189

A

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.

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14
Q

ASPHYXIA

A

Closure of the blood vessels or air passages of the neck as a external force on the neck

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15
Q

SUFFOCATION

A

Produced by blocking nose or mouth

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16
Q

IMPLIED CONSENT

A
  • Touching someone on the shoulder
  • Shaking hands
  • Acts of affection (Kiss or hug)