ASSULT

Question 1

What is the difference between section 9 of the summary offences act and section 196 of the crimes act.

Answer 1

Summary offences - Less severe, eg. Punch to body/face
6 months imprisonment or $4,000 fine

Crimes Act - eg punch to the back of the head
12 months imprisonment

Question 2

Describe the act of intentionally applying force directly.

Answer 2

Deliberly applying for force to the person of another.

Eg punch, kick, push

Question 3

Describe the act of attempting to apply force directly?

Answer 3

An attempt to directly apply force to that of another

Eg. A punch but they ducked

Question 4

Describe the act of intentionally applying force indirectly?

Answer 4

The act of applying force to something else, directed at another person
Eg Throwing a pen at someone

Question 5

Describe the act of attempting to apply force indirectly.

Answer 5

Applying force to an object, that is directed at another

Eg Throwing a pen at another, but the duck

Question 6

What are the 2 elements of assault?

Answer 6

Assaults

Another person

Question 7

What are the three elements of assaults with a weapon?

Answer 7

Assaults
Another person
Uses anything as a weapon 
OR
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.

Question 8

Describe conditional assault.

Answer 8

Threats where the victim believes if they don’t comply an assault will take place.

Eg. If you don’t leave now I will hit you

Question 9

Describe transferred malice.

Answer 9

You attempt to assault someone but miss and assault someone else.