Offences: Assault Flashcards
What Acts/Sections would you find Assaults?
-Crimes Act 1961, Section 196
OR
-Summary Offences Act 1981, Section 9
Name the ELEMENTS for Assault
- Assaults
- Another person
Define “Assaults”
-Acts of intentionally applying or attempting to apply force to another person directly or indirectly
OR
-Threatening by any act or gesture to apply such force to another person, if the person making the threat has, or causes the other person to believe on reasonable grounds that they have the present ability to affect their person.
Define “another person”
It has to be another person other than the offender.
Define “indirect assault”
Where the force is not directly applied to the victim.
e.g. If someone pulls out a chair when someone goes to sit down and they subsequently fall and hurt themselves, that is an indirect assault.
What is, Transfer of Malice?
When a person intends to assault someone but ends up assaulting someone else unintended.
e.g. Mr Red tried to punch Mr Blue but missed and hit Mr Yellow, transfer of malice would apply.
What is, “Conditional Assault”?
When a person threatens another person and accompanies the threat with an act or gesture and says that the threat will not be carried out if they comply with a condition.
“I wont kick your ass if you leave the property now!”
What 3 factors should you consider when deciding on which assault charge to use, summary offences (minor) or crimes act (more serious)?
- Intent (Scare? Injure? Kill?
- Weapons or degree of force (Slap? Punch? Knife or other weapon?)
- Injuries received (Injured? Wounded? Killed?)
What are the ELEMENTS for Assault with a weapon? Section 202C(a)
1- Assaults
2- Another Person
3- Using anything as a weapon
What are the ELEMENTS for Assault with a weapon? Section 202C(b)
1- While assaulting any person
2- Has anything with him or her
3- In circumstances that PRIMA FACIE show an intention to use it as a weapon.
What is defined as a weapon?
- A weapon can be an object of any sort, whether animate or inanimate, used as a weapon.
- The object myst be either on the offender or reasonably available to them.
- The circumstances must be sufficient to show an intention to use the object as a weapon.
What are the ELEMENTS for Assault on a Police Officer?
Summary Offences Act, Section 10
1- Assaults
2- Police officer OR, prison officer OR, traffic officer
What is the definition of “mens rea”?
The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or the conduct of the accused.
What is the definition of “Actus reus”?
Action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused
What is the definition of Prima Facie?
Based in the first impression; accepted as correct until proved otherwise.
