Offences- Assault Flashcards
What is the meaning of intentional assault?
The person applying the force must be meaning to do it. That is, it must be deliberate.
What is attempted assault?
The act of.. attempting to apply force. This means that an attempt is the full offence.
What is direct assault?
The force is applied directly to the other person. Eg punching
What is indirect assault?
The force need not be applied directly to the other person. Eg hitting a horse so the rider falls off.
What is conditional assault?
When you want someone to do something and threaten them verbal if they don’t comply
What is transferred malice?
When you unintentionally go to assault someone but end up assaulting someone else.
What is section 10, Summary Offences Act 1981?
Assaulting a constable- striking an office in the execution of his duty. 6 month/$2000
How to decided which Act and section to use?
Must consider three factors:
- the intent
- weapons or degree of force used
- Injury received
What is common Assault?
Eg; slap in the face
What is injury with intent?
Punching someone, breaking their nose
What is wounding with intent
Continuous assault with verbal reasoning.
Punching someone multiple times causing injury and saying “I told you not to look at my GF”
If someone lunges at a person with a knife to stab them in the stomach, but the victim twists and gets it in the arm.. what assault is this?
Wounding with intent or attempted murder
Someone tried to hit you with a beer bottle but you stop it?
Assault with a weapon.
Section 202C (1)a and b of Crimes Act 1961?
Assaults another person, using anything as weapon.
Section 10 of the Summary Offences Act 1981?
Assault on a person who is a constable, traffic officer or prison officer.
