OF01: Assault Flashcards

1
Q

List the elements of assault

A

Assaults

Another person

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2
Q

Assault Sections in each Act.

A

Section 9-Summary of Offences 1981

Section 196- Crimes Act 1961

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3
Q

List the elements of assault with a weapon

A
  • Assaults
  • Another person
  • Using a weapon OR Having anything with
    him or her in circumstances that prima facie
    show an intention to use it as a weapon.
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4
Q

What 3 factors must be considered in deciding what assault charge to use?

A
  • Intent
  • Weapons or degree of force
  • Injuries received
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5
Q

Section of the Act: Assault with a weapon

A
Section 202c(a)
Section 202c(b)
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6
Q

What is implied consent?

A

Technical Assault
Consent not expressly granted
Shaking hands, hug

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7
Q

Explain strangulation and suffocation

A

INTENTIONALLY or RECKLESSLY impedes breathing or blood circulation

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8
Q

Difference between strangulation and suffocation

A

Strangulation: impedes breathing or blood circulation by putting intentional pressure on the nose or throat

Suffocation: impedes breathing or blood circulation by blocking nose or mouth

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9
Q

Section and Act for Strangulation or Suffocation

A

Crimes Act 1961

Section 189A

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10
Q

Words to use when PROVING ELEMENTS of Assault

A

Deliberately
Applied ____ force
No claim of right

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