OFO1 - ASSAULT Flashcards
What is the definition of ASSAULT? r.e Summary Offences Act 1981 and Crimes Act 1961.
The act 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 person to believe on reasonable grounds that he has, present ability to effect his purpose.
COMPONENT OF ASSAULT: what does “The act of intentionally applying…” mean?
The person applying the force must be meaning to do it. IT WAS DELIBERATE!
What is indirect assault?
Where force is not applied directly to the victim. The victim is injured as a result of the offenders actions.
What is conditional assault?
A offender threatening a victim with an act or gesture but threatens that the assault will not be carried out if they comply with the condition. ACT/GESTURE + A CONDITION!
What is the Doctrine of Transferred Malice?
When a defendant has the necessary mens rea and commits the actus reus even if the victim differs from the one intended.
3rd PARTY STRIKED!
What must we consider when deciding which charge is the most appropriate?
- the INTENT
- WEAPONS or degree of force used
- INJURY received
What are the elements of assault? And what Acts/ Sections can they be found in legislation?
Assaults - Another person.
Crimes Act 1961 Section 196
or
Summary Offences Act 1981 Section 9
What section of the Summary Offences Act 1981 explains Assault on a police, prison or traffic officer? And what is the penalty for this offence?
Summary Offences Act 1981 - Section 10
Penalty is: six months imprisonment and/or $4,000
What are the 2 types of strangulation?
“Asphyxia” - is the closure of the blood vessels or air passages of the neck as a result of external force on the neck.
“Suffocation” - the blocking of the nose and/or the mouth.
Where can you find ‘Strangulation’ in legislation?
Crimes Act 1961, Section 189A
Why can an offender NOT be charged with ‘Attempted Assault”?
An attempted assault falls with the definition of Assault. Therefore an attempt is in fact
the same a completing the act.
YOU CAN’T ATTEMPT ASSAULT. YOU EITHER ASSAULT ANOTHER PERSON OR YOU DON’T ASSAULT ANOTHER PERSON.
What is ‘Implied Consent’?
Everyday gestures/ acts such as; a handshake, tackles in rugby, hug/kiss etc.
What is the difference between the sections of Summary Offences Act 1981 Section 9 and the Crimes Act 1961 Section 196 on minor assaults?
The seriousness of the incident and the penalty
Definition of ‘Assaults’…
- 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
List the ELEMENTS of ‘Assault with a Weapon’.
- Assaults
- Another person
- Using anything as a weapon
OR - Having anything with him or her in circumstances
- A mens rea showing an intention to use it as a weapon
Define the ELEMENTS ‘Using anything as a weapon’.
- An object of some sort, whether animate or inanimate
- Must be used as a weapon
Summary Offences Act 1981
Section 9
Common assault
Summary Offences Act 1981
Section 10
Assaulting a Constable
What is the example for ‘Common assault’ (SOA)?
- Punches to face or body
- No weapons used
- Minor medical treatment
What is the explanation for ‘Assaulting a constable’ (SOA)?
Striking an officer in the execution of his duty
What is the example for ‘Common assault’ (CA)?
Punch in the head from behind
What is the explanation for ‘Assaulting a child’ (CA)?
Victim must be under 14 years of age
What is the explanation for ‘Male assaults female’ (CA)?
Man assaults woman
What is the explanation for ‘Assault on a person in a family relationship’ (CA)?
Victim is or has been in a family relationship with the offender
What is the explanation for ‘Assault with intent to injure’ (CA)?
An assault, with an intention to cause some injury, assaults any person.
What is the explanation for ‘Aggravated assault’ (CA)?
Deliberately assaults person to avoid arrest, commit offence or escape.
What is the explanation for ‘Assault with weapon’ (CA)?
Uses a weapon to assault or, has a weapon during an assault, showing intent to use it
What is the explanation for ‘Strangulation or suffocation’ (CA)?
Hands around victim’s neck or forcing victims head into pillow. Asphyxia or suffocation
What is the explanation for ‘Injuring with intent’ (CA)?
Punches or kicks intending to and causing injury
What is the explanation for ‘Wounding’ (CA)?
With intent to wound & With intent to injure.
What is the 3 assault offences that require 14 years or life imprisonment (CA)?
Attempted murder, manslaughter, and murder.
What are the 5 types of assault?
Direct assault. Indirect assault. Transferred malice. Conditional assault. Implied consent.
At times Police Officers must use force to enforce the law. What actions matches the power of Crimes Act 1961 Section 42?
Preventing a breach of the peace where property or people are in danger.
At times Police Officers must use force to enforce the law. What actions matches the power in Crimes Act 1961 Section 48?
Defending a close friend who is threatened by another person while at a party.
At times Police Officers must use force to enforce the law. What actions match the power in the Crimes Act 1961 Section 40?
When an officer has made an arrest and the offender tries to escape from the patrol car.
At times Police Officers must use force to enforce the law. What actions match the power in the Crimes Act 1961 Section 39?
When an officer is making an arrest and the offender refuses to cooperate.
