Assault

Question 1

What are the elements of assault

Answer 1

Assaults, another person

Question 2

Define assault 1

Answer 2

Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly

Question 3

define assault 2

Answer 3

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 to believe on reasonable grounds that they have, the present ability to effect their person

Question 4

What two sections cover common assault

Answer 4

Section 9 of the Summary offences act 1981, and section 196 of the crimes act 1961

Question 5

How do we decided which act and section to charge with

Answer 5

the intent, weapons or degree of force used, and injury received

Question 6

What is the difference between the two acts when charging with common assault

Answer 6

Summary offences has a 6 month imprisonment and Crimes act is 1 year

Question 7

What is mens rea

Answer 7

the guilty mind or intent

Question 8

what is actus reus

Answer 8

the act of doing something

Question 9

what is indirect assault

Answer 9

where force is not applied directly to the victim

Question 10

what is conditional assault

Answer 10

where the offender threatens the victim with an act or gesture if they do not do something

Question 11

what is doctrine of transferred malice

Answer 11

when the offender has the mens rea and actus reus even if the victim differs from the intended

Question 12

what is implied consent and an example

Answer 12

technical assaults that have consent. like shaking hands

Question 13

what does section 10 of the summary of offences act cover

Answer 13

assaulting a constable

Question 14

what does assaulting an officer constitute

Answer 14

an assault on a constable, traffic officer or prison officer in the lawful execution of their duty

Question 15

what section does 189A of the crimes act cover

Answer 15

strangulation and suffocation

Question 16

what is strangulation or suffocation

Answer 16

intentionally or recklessly impedes another persons normal breathing, blood circulation or both

Question 17

what does section 59 of the crimes act cover

Answer 17

parents, guardians or caregivers the right to use force on a child for minimising or preventing behaviour that is harmful, criminal, offensive or disruptive

Question 18

what does section 39 of the crimes act cover

Answer 18

a constable or other person the power to use force in making an arrest

Question 19

what does section 40 of the crimes act cover

Answer 19

the authority for police to use force to stop a person escaping

Question 20

what does section 42 of the crimes act cover

Answer 20

allows anyone to use reasonable force to prevent a breach of the peace

Question 21

what does section 48 of the crimes act cover

Answer 21

anyone to use as much force as is reasonable in defence of themself or another person

Question 22

what does section 62 of the crimes act cover

Answer 22

use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess

Question 23

what is suffocation

Answer 23

the blocking of the nose and/or mouth

Question 24

what is asphyxia

Answer 24

the closure of the blood vessels or air passages of the neck as a result of external force on the neck

Question 25

what is the penalty for strangulation or suffocation

Answer 25

up to 7 years imprisonment