Assault

Question 1

List the elements of Assault

Answer 1

Assaults

Another person

Question 2

List the elements of Assault with a weapon

Answer 2

Assaults
Another person
Using anything as a weapon

Or

Having anything with them in circumstances that prima facie show an intention to use it as a weapon

Question 3

Assault on a police, prison or traffic officer Act and Section

Answer 3

Summary Offences Act 1981

Section 10

Question 4

Assault with a weapon Act and Section

Answer 4

Crimes Act 1961
Section 202C(1)(a) and Section 202C(1)(b)

Question 5

Strangulation and Suffocation Act and Section

Answer 5

Crimes Act 1961

Section 189A

Question 6

What does the offence of Strangulation or Suffocating cover?

Answer 6

Both “strangulation” by asphyxia and suffocation

• ”asphyxia characterised by closure of the blood vessels or air passages of the neck as a result of external force on the neck” - and
• ”suffocation” produced by blocking the nose and/or throat

Question 7

Elements of Strangulation and Suffocation

Answer 7

1. Intentionally or recklessly
2. Impedes another person’s normal breathing, blood or circulation, or both
3. By doing (manually, or using an aid) all or any of the following:
   (a) blocking that other person’s nose, mouth or both:
   (b) applying pressure on, or to, that other person’s throat, neck, or both

Question 8

Maximum Penalty - Strangulation and Suffocation

Answer 8

7 years imprisonment

Question 9

Direct application of force

Answer 9

The force is applied directly to the other person

E.g. A deliberate punch in the face

Question 10

Indirect assault

Answer 10

The force was not applied directly to the other person

E.g. Pulling a chair away as someone is about to sit on it OR Striking a horse so that the horse rears and throws the rider

Question 11

Conditional assault

Answer 11

Where someone is told the assault will not be carried out if he or she complied with a condition

E.g. A threatens to assault B and accompanies the threat with an act or gesture. But A says to B: “You won’t be assaulted if you leave the property”

Question 12

Transferred malice

Answer 12

An individual is liable for an offence if he or she has the necessary ‘mens rea’ (intent) and commits the ‘actus rues’ (action) even if the victim differs from the one intended

E.g. A goes to to hit B, but hits C

Question 13

What is the first factor out of the three when deciding which assault charge is most appropriate?

Answer 13

1. The intent - when the offender applied force, what was their intent?
   - scare
   - injure
   - kill

Question 14

What is the second factor out of the three when deciding which assault charge is most appropriate?

Answer 14

2. Weapons or degree of force - a mere slap or knife or other weapon

Question 15

What is the third factor out of the three when deciding which assault charge is most appropriate?

Answer 15

Injuries received

• injured?
• wounded?
• killed?

Question 16

Compare the Section 9, Summary Offences Act 1981 Section 196, Crimes Act 1961. Both these sections refer to minor assaults. What is the difference between sections?

Answer 16

In section 9, Summary Offences Act 1981 the penalty is a term of imprisonment not exceeding 6 months or a fine not exceeding $4,000 and in section 196, Crimes Act 1961 the penalty is a term of imprisonment not exceeding 1 year.

Question 17

Act, Section and penalty for assault on a police, prison or traffic officer

Answer 17

Summary Offences Act 1981, Section 10

Term of imprisonment not exceeding 6 months or a fine not exceeding $2,000

Question 18

Transferred malice exception

Answer 18

If the defendant has the intent (mens rea) for a different offence from that which he commits however, the intent cannot be transferred