OF01: Assault Flashcards
What are the elements of assault?
Assaults
Another person
What are the four ways of applying or threatening force?
Direct application of force.
Indirect result.
Transferred malice.
Conditional assault.
What is conditional assault?
A threatens to assault B and accompanies the threat with an act or gesture.
A says to B “you won’t be assaulted if you leave the property”
What is transferred malice?
A attempts to assault B but misses and assaults C.
What is indirect assault?
Indirect assault is where a force is not applied directly to the victim but the victim is still assaulted.
What is implied consent?
Touching a person on the shoulder.
Shaking hands.
Acts of affection, such as a kiss or a hug.
What are the three factors that must be considered when deciding on types of assault charges?
The intent.
Weapons and degree of force used.
Injury received.
What is aggravated assault?
Deliberately assaults a person to avoid arrest, commit a offence or escape.
What is assault with a weapon?
Uses a weapon during an assault or, has a weapon during an assault, showing intent to use it.
What is strangulation?
Blocking another persons nose, mouth or both.
Applying pressure on, or to, the other persons throat, neck, or both.
Asphyxia and suffocation is also covered by strangulation.
Asphyxia is characterised by closure of the blood vessels or air passages of the neck as a result of external force on the neck.
Suffocation is blocking the nose and or the mouth.
What is the punishment for recklessly or intentionally impeding another persons normal breathing, blood or circulation?
Everyone is liable to imprisonment for a term not exceeding 7 years.
