Assault Flashcards
(21 cards)
What are the elements of Common Assault
- Assaults
- Another person
What are the elements of Assault with a weapon
- Assaults
- Another person
- Using anything as a weapon
What are the elements of Assault on a police officer
- Assaults
- Police, prison or traffic officer
- In the execution of duty
What are three factors to consider when deciding on assault charges
- The INTENT
- WEAPONS or degree of force used
- INJURY received
What is the Doctrine of Transferred Malice
When the offender has the necessary mens rea and commits the actus reus even if the victim differs from the intended victim
What is Indirect Assault
Force is not applied directly to the victim. The victim is injured as a result of the offenders actions
What is Conditional Assault
An offender threatens a victim via act or gesture, and there is the present ability for the act to be carried out.
Direct application of force meaning
With intent to use force to injure
Where can the elements of assault be found
- Crimes Act 1961 Section 196
- Summary Offences Act 1981 Section 9
Why can an offender NOT be charged with ‘Attempted Assault’
Attempted assault falls within the same definition of assault - therefore an act of “attempt” is the same as completing the act
What is the difference between the definitions of assault from SOA 1981 section 9 and CA 1961 section 196
The penalty
What is “Implied Consent”
No intention of hurt of harm
- touching a persons shoulder
- shaking hands
- hugs
What are the two types of strangulation
- Asphyxia
- Suffocation
Define Asphyxia
Closure of blood vessels or air passages from external force to the neck
Define Suffocation
Blocking the nose and/or mouth
What does Section 59, Crimes Act 1961 outline
Think “59 - keep them in line”
Parental Control - gives parents the right to use force for minimising/preventing behaviour that is harmful, criminal or disruptive
What does Section 39, Crimes Act 1961 outline
Think “39 - you’re mine”
Gives a constable or other person the power to use force in making an arrest
What does Section 40, Crimes Act 1961 outline
Think “40 - where you going naughty”
Gives authority for police to use force to stop a person escaping
What does Section 42, Crimes Act 1961 outline
Think “42 - what ya do”
Allows anyone to use reasonable force to prevent breach of peace
What does Section 48, Crimes Act 1961 outline
Think “48 - help me mate”
Reasonable use of force in defense of himself, herself or another person
What does Section 62, Crimes Act 1961 outline
Think “62 - you’re in the poo”
Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
In short - excessive force has been used when carrying out duty
