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Sum 1 - Study Notes > Assault > Flashcards

Flashcards in Assault Deck (9)
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1
Q

Direct Assault

A

Direct Assault

One person physically applying or attempting to apply force

eg. Punching or attempting to punch someone.

2
Q

Indirect Asault

A

Indirect Assault

One person doing an action that causes harm to another.

eg. Pulling out a chair

3
Q

Conditional Assault

A

Conditional Assault

Verbally giving a condition before or at the time of the assault.

eg. If you go outside, I will punch you in the face.

4
Q

Consensual Assault

A

Consensual Assault

Implied consent is given.

eg. shaking hands, high five, pat on back, hugs or kisses.

5
Q

Doctrine of transferred malice

A

Doctrine of transferred malice

A defendant will be liable for an offence if he or she has the mens rea and commits the actus reus even if the victim differs from the one intended.

eg. A attempts to punch B, but ends up hitting C – The intention transfers.

6
Q

Dealing with a victim of assault:

PCSWIM

A

Dealing with a victim of assault:

P = Photographs as a record of the injuries and match with note book entry.

C = Clothing is there any damage

S = Scene examination to corroborate the
complaint

W = Witnesses identified

I = Injuries that you observe are recorded

M = Medical certificates that show injuries

7
Q

Dealing with the offender:

ACE

A

Dealing with offender:

A = Attempt to gain and record an Admission
C = Check for cuts or wounds or bruises etc.
E = Exhibits seize them
8
Q

3 factors to consider when deciding on the most appropriate charge are:

A

The Intent
- Scare / Injure / Kill

Weapons or degree of force used

  • Mere slap in the face
  • Weapon like a knife used

Injury received

  • Injured / Wounded / Killed
9
Q

Legal justification for use of force include:

A

Section 39 - Arrest
Section 40 - Stop a person avoiding arest or escape
Section 42 - Prevent a breach of the peace
Section 48 - Self defence
Section 59 - Parental control