Offences Flashcards
What are the elements of Assault
Assaults, another person
What is section in the summary offences act for assault on police
Section 10
A person is slapped in the face. No injury, what is the offence?
Common assault
A person is ‘king hit’ from behind with a closed fist, breaking his jaw, what offence is this
Injury with intent
What is strangulation
(a) blocking another person’s nose, mouth or both
(b) applying pressure on or to that other persons throat, neck or both.
What is indirect assault
Force not directly applied
What is Transferred malice
3rd party struck
What is conditional assault?
Act/gesture + conditions
What is direct assault?
Target actually hit
What is Implied consent
A handshake, kiss or hug
Explain what intent means, when considering assault charges
When the offender applies force, was it his or her intent?
Did the offender want to scare, injure or kill the victim?
Explain what weapons or degree of force used means, when considering assault charges
Was the assault a mere slap in the face or was a knife or weapon used?
Explain what injury recieved means, when considering assault charges
Did the victim sustain injury? Was the victim Injured, wounded or killed?
Legal justification of use of force.
What is section 39 of the crimes act 1961?
Gives a constable or a person the power to use force in making an arrest
