OF01 Assault Flashcards
What is the definition of Assault?
The act of INTENTIONALLY applying 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 person if the person MAKING the THREAT has or CAUSES the other PERSON to BELIEVE ON REASONABLE grounds that he/she has the PRESENT Ability to EFFECT his purpose (an assault has been committed) Section 2, Crimes Act 1961
What are the elements of Assault?
ASSAULTS: proven by - acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
ANOTHER PERSON: proven by - it has to be another person other than the offender
What are the elements of “Assaults with a Weapon”?
ASSAULTS:
proven by - acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
ANOTHER PERSON: proven by - it has to be another person other than the offender
USING ANYTHING AS A WEAPON: proven by - an object of some sort, whether animate or inanimate, must be used as a weapon.
OR
HAVING ANYTHING WITH HIM/HER IN CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT AS A WEAPON: proven by - An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon
What are the Acts and Sections for Common Assault?
Section 9, Summary Offences Act 1961,
or
Section 196 Crimes Act 1961,
What is the Act and Section and penalty for Assault with a Weapon?
Crimes Act 1961 Section 202C(1)(a) or 202C(1)(b) Penalty 5 years imprisionment
What Section applies to assault on a police officer?
Section 10 of the Summary Offences Act 1961
* low level assault and only applies if the officer was acting in the lawful execution of their duty
What does the factor of “intent” mean when deciding what charge to use?
The Intent - when the offender applied force, what was their intent? - did the offender want to scare, injure or kill the victim? An intent may be proved by: - circumstantial evidence, including offenders actions/words before/during/after offence - the surrounding circumstances and nature of the offence - the offenders explanation
What does the factor of “Weapons or degree of force” mean when deciding what charge to use?
Was the assault a mere slap on the face or was there a weapon used?
What does the factor of “Injury received” mean when deciding what charge to use?
Did the victim sustain any injury? Was the victim injured, wounded or killed?
What are the three factors to consider when deciding what charge is most appropriate for “Assault”?
IWI
- Intent - scare? injure? kill?
- Weapons or degree of force used - a slap vs a knife
- Injury received - injured? wounded? killed?
What are the four types of assault?
- Direct (eg punch)
- Indirect (pulling chair away and they fall)
- Conditional (come closer and i’ll punch you)
- Transferred Malice (hit the wrong person)
What are the components of Assault?
Mens Rea and Actus Rea - intent and action, must have both to charge
- Direct or Indirect application of force
- Attempted application of force (goes to hit but misses)
- Transferred malice (goes to hit but hits someone else)
- Conditional assault (sit down or i’ll punch you)
What is the Act and Sections the gives legal justification for the use of force?
Crimes Act 1961
Section 39 - making an arrest or executing process or warrant
Section 40 - preventing escape or rescue
Section 41 - preventing a suicide or certain offences
Section 42 - prevent a breach of the peace
Section 48 - for self defence or defence of another
