OF01: Assault

Question 1

What do we consider when deciding which assault offence to charge the offender with?

Answer 1

IWI

Intent

• scare
• injure
• kill

Weapons

• a mere slap
• knife or other weapon

Injuries

• injured
• wounded
• killed

Question 2

common assault

Answer 2

Elements

• assaults
• another person

Penalty

• 1 year imprisonment
• 6months imprisonment/ $4000

Question 3

Definition of assault

Answer 3

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 ability to effect his purpose

• direct
• indirect
• conditional
• transferred malice

Question 4

Assault with a weapon

Answer 4

Crimes Act 1961
Section 202C (a)
-assaults
-another person
-using anything as a weapon

Or section 202C (b)

• while assaulting any person
• has anything with him or her
• in circumstances that show an intention to use it as a weapon

Penalty $5000

Question 5

Common assault is found in?

Answer 5

Section 9 of the Summary Offences Act 1981

And

Section 196 of the Crimes Act 1961

Question 6

Assault on a police officer

Answer 6

Elements

• assaults
• police officer

Section 10 Summary Offences Act 1981

Penalty
6months/ $2009

Question 7

Elements of strangulation

Answer 7

• assaults
• another person
• blocking persons nose, mouth, or both:
• applying pressure on, or to, that person’s throat, neck or both.