OFO1: ASSAULT Flashcards
ASSAULT compoents
Act of intentionally or Attempting to apply force
To another person
Directly or indirectly or Threatening gestures
Types of Assault
Direct
Indirect
Conditional
Transfered Malice
Consent to assault
Where are provisions of assault found?
Crimes Act 1961, Section 196
Summary of Offences Act 1981, sectio 9
Direct Assault
‘Directly applying a force’ onto ‘another person’
or ‘attempting’
Indirect assault
Force is not applied directly
(The direction or force is usally dif)
Conditional assault
Assault based on a condition.
You wont be assaulted if you …
Transfered malice
Has the neccesasy mens rea and commits actus reus even of victum is differnt to one intended.
You intend to attack A it misses ans attacks B, you still had mens rea and actus reus
Consent to assault
Hugs, shaking hands, kiss
Factors when deciding how to charge
Intent
Weapons/force
Injury
Assault ELEMENTS
- Assaults
- Another Person
Assault offences Section 10
Assaults on police of minor nature
Strangulation 189A
Main harm is terror it inflicts, intimidation and control
Impedes normal breathing, blood circulation, or both.
Asphyxia
closure of the blood vessels or air passages of the neck as a result of external force on neck
Suffocation
produced by blocking the nose and/ or the mouth