Offenses: OF01/OF02/OF03/OF08 Flashcards
What are the elements of common assault?
- Assaults
- Another person
One of elements of common assault is “assaults” what does this mean?
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly
OR
Threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
One of the elements of common assault is “another person”, what does this mean?
It has to be another person other than the offender.
There are two kinds of common assault, what are the two different sections each one falls under?
- Section 9 of the summary offenses act 1981, punches to face and body, no weapons used. Minor medical treatment
- Section 196 crimes act 1961. Punch in the head from behind
What are the different types of assault?
- Direct Assault
- Indirect Assault
- Conditional Assault
- Transferred Malice
- Consent to Assault
What does “Direct Assault” mean?
Intent to apply force to another person.
What does “Indirect Assault” mean?
An assault where the force is not applied directly to the victim.
What does “Conditional Assault” mean?
If the victim complies with a condition stated they will not be assaulted.
What does “Transferred Malice” mean?
A defendant will be liable for an offense if he or she has the necessary “mens rea” and the victim commits the “actus reus” even if the victim differs from the one intended.
What are the three factors we must consider when deciding what charge is most appropriate?
- The intent
- Weapons or degree of force
- Injuries received
Mens Rea and Actus Reus is necessary to prove the offender did it, what does each one mean?
Mens Rea - Intent
Actus Reus - action
What are the elements of Wilful Damage (property) in Summary Offences Act 1981 Section 11(1)(a)
- Intentionally
- Damages
- Property
One of the elements of “Wilful Damage” is intentionally, what does this mean?
A deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act, without lawful justication, excuse or claim of right.
One of the elements of “Wilful Damage (property)”is damages, what does this mean?
A temporary or permanent reduction in the value and or usefullness of the property.
One of the elements of “Wilful Damage (property)” is property, what does this mean?
Something that belongs to another person and is capable of being damaged