OF01: Assault Flashcards
List the elements of assault
Assaults
Another person
Assault Sections in each Act.
Section 9-Summary of Offences 1981
Section 196- Crimes Act 1961
List the elements of assault with a weapon
- 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.
What 3 factors must be considered in deciding what assault charge to use?
- Intent
- Weapons or degree of force
- Injuries received
Section of the Act: Assault with a weapon
Section 202c(a) Section 202c(b)
What is implied consent?
Technical Assault
Consent not expressly granted
Shaking hands, hug
Explain strangulation and suffocation
INTENTIONALLY or RECKLESSLY impedes breathing or blood circulation
Difference between strangulation and suffocation
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
Section and Act for Strangulation or Suffocation
Crimes Act 1961
Section 189A
Words to use when PROVING ELEMENTS of Assault
Deliberately
Applied ____ force
No claim of right