Define The Elements Of Assault Flashcards
(7 cards)
1
Q
What are the elements of assault?
A
Assaults =
(intentionally applying/attempting to apply force directly or indirectly).
Another person =
(Threatening by act or gesture which causes another to believe on reasonable grounds that they have the present ability to effect their purpose).
2
Q
What is transferred malice?
A
Person intends to assault someone but the act assaults the wrong person
3
Q
What is conditional assault?
A
A threat
The assault is told and it will be carried out if the person doesn’t comply
4
Q
What is direct assault?
A
Done on purpose
5
Q
What is indirect assault?
A
Done by accident
6
Q
What three factors must be considered when deciding assault charges?
A
- Intent (to scare/injure/etc)
- Weapons or degree of force (knife or manual)
- Injury received
7
Q
What act and section is assault?
A
Crimes Act 1961, section 196
OR
Summary of facts 1981, section 9
