Offences Flashcards
What are the elements of assault?
Assaults & Another person
What is the element of Assaults proven by?
Intentionally applying force to the person of another OR Threatening to apply such force by act or gesture to another. Other person must have reasonable grounds to believe the threat.
What is the element of another person proven by?
That it is another person other then the suspect
What are the types of assault?
Direct
Indirect
Conditional Assualt
Transferred Malice
What makes pushing past someone gently in the street or giving someone a high five not assault?
General implied consent
What defines the term conditional assault?
When there is a condition given to the assault e.g “If you talk I’ll punch you”
What is indirect assault?
When force is applied to another person with out direct contact from the assailant e.g pulling a chair out from underneath someone.
What is transferred malice assault?
When force is intended to be applied to someone other then the victim e.g when someone punched someone and misses hitting another person
Where can you find common assault?
Summary offences act 1981
Crimes act 1961
What are the elements of Wilful Damage?
Intentionally
Damages
Property
How is the element Intentionally proven?
A deliberate act without lawful justification or claim of right
OR
A reckless act without lawful justification or claim of right
What is a reckless act?
Possible consequences are foreseen but continues the act regardless of the risk
What is the element Damages proven by?
Temporary or permanent reduction in the value and/or usefulness of the property
What is the element Property proven by?
Something that belongs to another person and is capable of being damaged
What is claim of right?
Belief in a right to own or possess the property
