Assault Flashcards
Compare Summary Offences Act 1981 s9 and the Crimes Act 1961 s196. Both of these sections refer to minor assaults. What is the difference between the sections?
Section 9 SO1981 the penalty is a term of imprisonment not exceeding 6 months or a fine of $4000 and in section 196 CA1961 the penalty is a term of imprisonment not exceeding 1 year.
The act of intentionally applying force directly is like a?
Punch to the nose.
The act of attempting to apply force directly is like a?
Punch to the nose but misses.
The act of intentionally applying force indirectly is like?
Pulling a chair out from under someone about to sit down, they hit the ground as they miss the chair.
The an act of threatening by any act or gesture to apply such force if the person making the threat has the present ability is like?
Advancing on someone , making a fist and rolling up your sleeve. (often intention is also shown by language).
The act of threatening by any act or gesture to apply such force if the person making the threat causes the other to believe on reasonable grounds that they have the present ability is like?
Pounding on a door and threatening to break the occupants’s legs. The occupant fears for their safety even though the offender may not have the means to enter the building.
Why can an offender NOT be charged with “Attempted Assault”?
An attempted assault fails with the definition of assault. Therefore an attempt is in fact the same as completing the act.
Explain what is meant by a “Conditional Assault”?
Person A threatens to assault person B and accompanies the threat with an act or gesture. But Person A says to person B: “you won’t be assaulted if you go home now”.
What is an example of assault that is “Implied consent”?
Acts like touching a persons shoulder, shaking someones hand, a hug or a kiss. Although permission is not verbally expressed with the right person there is implied consent.
List the elements of “common assault”
1) . Assaults.
2) . Another person.
When deciding what assault offence to charge an offender with, we must take three factors into consideration. What are these three factors?
1) . The intent.
2) . Weapons or degree of force.
3) . Injury received.
