Willful Damage, Assault, OA Flashcards
Explain Transferred Malice
A defendant will be liable for an offence if he or she has the necessary mens rea and commits the actus reus even if the victim differs from the intended e.g Sam goes to punch Jack, Jack ducks, Sam ends up hitting Julia.
Explain Conditional Assault
A example of of conditional assault: Ronnie threatens to assault Erin and accompanies the threat with an act or gesture. Ronnie says to Erin, you won’t be assaulted if you leave this property.
The Victim (Erin) is told the assault will not be carried out if he or she complies with a condition. This still constitutes assault.
Explain Consent to Assault
In everyday life, technical assaults are commited through such acts as touching a person on the shoulder, shaking hands, contact sports like rugby, boxing.
Explain indirect Assault
An indirect assault is where force is not applied direct to the victim, e.g Tom was going to sit down on a chair, before he sits down Lana pulls the seat from beneath him intentionally. Tom falls to the ground, which causes him injuries.
Strangulation or Suffocation - Crimes Act 1961 Section 189A
Hands around victim’s neck or forcing victims head into pillow i.e restricting breathing or blood circulation
What is the penalty for Strangulation or suffocation (Section 189A Crimes Act 1961)
7 Years imprisonment.
Where is the definition of assault found?
Interpretation section (section 2) of the Summary Offences Act 1981 and of the Crimes Act 1961
What is the definition of assault?
“Assault is 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 the ability to effect his person.”
