OF03: Assault Flashcards
What are the Elements of Assault
- Assaults
- Another Person
Explain “Another person”
A person other than (offender) is (victim).
Explain “Assaults”
Intentionally applying force to another person directly or indirectly.
Threatens to apply force by an act or gesture, causing another person to believe they have the present ability.
Explain “Direct Application of Force”
Deliberate strike to a person they intended to hit.
Target hit.
Explain “Indirect Assault”
Force isn’t applied directly to victim.
Explain “Transferred Malice”
Intentionally applying force directly to intended person but hits a bystander.
Explain “Conditional Assault”
Threatening someone with an act/gesture to comply with a condition.
Three Factors When Deciding Types of Assault Charge
- Their intent
- Weapons or Degree of force
- Injury received
What is “Implied Consent”
A handshake/tap on the shoulder/hug/kiss
“Consent to assault”
Explain “Strangulation or Suffocation”
Intentionally/recklessly impedes another persons normal breathing/blood circulation by:
- Blocking nose, mouth or both
- Applying pressure on throat, neck or both
What does Section 59 of the Crimes Act 1961 refer to?
Parents may use force to prevent harmful/criminal/offensive behaviour.
However, using force as punishment/correction amounts to assault.
What does Section 39 of the Crimes Act 1961 refer to?
Gives us power to use reasonable force in making an arrest
What does Section 40 of the Crimes Act 1961 refer to?
Gives authority for police to use force to stop a person escaping
What does Section 42 of the Crimes Act 1961 refer to?
Allows anyone to use reasonable force to prevent a breach of peace
What does Section 48 of the Crimes Act 1961 refer to?
Allows anyone to use reasonable force to defend themselves or another person
