Offences Flashcards
Define the elements of Assault.
- Assaults - applying or attempting to apply force to the person of another, direct / indirect.
- Another Person - Has to be another person. Cannot be dog or inanimate object.
S196 of Crimes 1961 // S9 Offences 1981
What is conditional assault?
Where an assault is applied with a condition.
E.g. Billy threatens Bob by saying “ You won’t get punched if you leave my property”.
What is transfered malice?
If a person intends to assault someone, and performs the assault but misses and hits someone else they are still charged with assault.
E.g Billy throws a punch at Bob, and misses then Billy hits Sally. Billy is still liable for assault under transfered malice.
What are the 3 determining factors for deciding the degree of assault?
- Intent - What is their intent behind their force?
- Weapons or degree of force used - Was it a slap on the face, or were weapons used?
- Injury received - Did the victim sustain injuries if so, what?
What are the elements of Wilful Damage?
- Intentionally: Deliberate act, without lawful justification, claim of right.
- Damages: Temporary/Permanent reduction in the values/usefulness of the property.
- Property: Something that belongs to another property and is capable of being damaged.
Section 11 Summary Offences Act 1981
When must a wilful damage prosecution be lodged by?
Up to 6 months after the offence was commited.
What are the elements of?
Possession of offensive weapon or disabling substances
(Public Place)
- Without lawful authority or reasonable excuse – Without legal right or justification
-
Has with him/her – In their possession
3.** In any public place** - Any knife OR Any offensive weapon OR Any disabling substance – Any cutting blade / article made for use for causing bodily injury / Any article intended for use for causing bodily injur / Anaesthetising or other substance produced or intended for the purpose of disabling people.
Crimes Act 1961, section 202A(4)(a)
3 years imprisonment
What are the elements?
Obstructing Police
Summary Offences
-
Intentionally Obstructs
OR
Incites or encourages any other person to obstruct - Deliberatly making it more difficult // Urge or persuade any other person. - Any constable authorised officer or prison officer or traffic officer acting in the execution of their duty - The person must be lawfully excercising their power.
Summary Offences Act 1981 section 23(a)
3mnths Prison // $2,000 Fine
What are?
Crimes Act 1961
S39
S40
S41
- Sec 39: Force used in executing process or in arrest
- Sec40: Preventing Escape or rescue
- Sec41: Preventing suicide or certain other offences
Crimes Act 1961
What are?
Crimes Act 1961
s42
s48
s62
s72
- Sec 42: Preventing breach of the peace
- Sec 48: Self-defence and defence of another
- Sec 62: Excess use of force
- Sec 72: Any one attempting to commit and offence can have use of reasonable force.
