Offence - Assault Flashcards
Definition of Assault & Penalty
Summary Offences Act 1981
Section 9
Common Assault:
Every person is liable to imprisonment for a term not exceeding 6 months or a fine not exceeding $4000 who assaults another person.
Definition of Assault & Penalty
Crimes Act 1961
Section 196
Common Assault:
Everyone is liable to imprisonment for a term not exceeding 1 year who assaults any other person.
Legal Definition of Assault (These are also known as the components of Assault)
Assault is the act of intentionally applying
or attempting to apply force
to the another person,
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 person to believe on reasonable grounds that he has
the present ability to effect his purpose.
Elements of Assault
Assaults
Another
Person
Types of Assault
Direct assault
Indirect assault
Conditional assault
Direct Assault
When someone deliberately strikes the person they intended to hit.
Indirect Assault
Where force is not applied directly to the victim.
Conditional Assault
When a person is threatened with assault, accompanied by an act or gesture. The perpetrator says (for example), “You won’t be assaulted if you leave the property.”
Doctrine of Transferred Malice
Definition
Under the doctrine of transferred malice, a defendant will be liable for an offence if he or she has the necessary mens rea and commits the actus reus even if the victim differs from the intended one.
Doctrine of Transferred Malice
Exception
If the defendant has the mens rea for a different offence from that which he commits however, the intent cannot be transferred.
For example, if the offender has the mens rea to assault his partner but she ducks and he misses punching a hole in the wall. He cannot be charged with wilful damage.
Three factors that must be considered in deciding on types of assault charges
The intent (of the offender)
Weapons or degree of force
Injuries received (by the victim) - injured? Wounded? Killed?
The intent
When the offender applied the force, what was his
or her intent?
• Did the offender want to scare, injure or kill the
victim?
An intent may be proved by:
• Circumstantial evidence, including the offender’s
actions and words before, during and after the
offence.
• The surrounding circumstances and nature of the
offence.
• The offender’s explanation. If no explanation is
offered, it can be inferred that the offender
intended the natural consequences of the act
Weapons or degree of force used
Was the assault a mere slap on the face or was a
knife or other weapon used?
Injury recieved
Did the victim sustain any injury? Was the victim
‘injured’, ‘wounded’ or ‘killed’?
Penalty of Assault
Varies
