OF01: Assault

Question 1

Define ‘assault’

See also Notebook

Answer 1

Act or threat (words/gesture)
To intentionally apply or attempt to apply force
Directly or indirectly

Question 2

Which statutes cover assaults and what type of assaults?

Answer 2

Summary Offences Act 1981, Section 9
Crimes Act 1961, Section 196
Minnor Assaults

Question 3

What is the difference between the two enactments?

Answer 3

The penalties

Question 4

What is the penalty under SOA, Section 9?

Answer 4

6 Months Imprisonment, or

$4,000.00 fine

Question 5

What is the penalty under CA 1961?

Answer 5

1 year Imprisonment

Question 6

Explain ‘the act of intentionally applying…’

Answer 6

The deliberate act

Degree of force

Question 7

Explain ‘attempting to apply…’

Answer 7

The act of the attempted

The attempt is the force

Question 8

Explain ‘directly’

Answer 8

Force is applied to the person

Question 9

Explain ‘indirectly’

Answer 9

An act that is intended to apply force

Question 10

Explain ‘threatening by any act or gesture…’

Answer 10

Words and gestures

Obvious intention to apply force

Question 11

Explain ‘causes the other to believe on reasonable grounds…’

Answer 11

Offender’s conduct

Question 12

Explain ‘the present ability to effect their purpose’

Answer 12

Threats and gestures

Ability to apply force NOW

Question 13

Name the 3 types of assaults

Answer 13

Direct
Indirect
Conditional

Question 14

Define ‘direct’ assault

Answer 14

Deliberate act to the victim

Question 15

Define ‘indirect’ assault

Answer 15

Force not directly applied to the victim

Question 16

Define ‘conditional’ assault

Answer 16

No act will be applied if the victim complies to the condition

Question 17

State the ruling of Police v Greaves by the Court of Appeal

Answer 17

Conditional THREAT constitute an offence of assault

Question 18

State the outcome of FAGAN v Metropolitan Police

Answer 18

Unintentional act to a situation, but a deliberate act to continue or remain in the act of the situation

Question 19

What is the ‘Doctrine of Transferred Malice’?

Answer 19

Necessary intent
To commit an act
Applied to unintended victim

Question 20

Explain the outcome of R v Latimer

Answer 20

Acted in malice

No requirement for the intent to relate to a named victim

Question 21

Explain the outcome of R v McMasters

Answer 21

Applied force to unintended victim is not necessary

Question 22

When can the Mens Rea not be transferred?

Answer 22

If there was an intent for a different offence than what was committed

Question 23

What are some technical assaults?

Answer 23

Touching a shoulder
Hug
Hand shake

Question 24

What does a ‘technical assault’ imply?

Answer 24

Consent (implied consent)

Question 25

Describe criminal assault

Answer 25

Assault committed With intent To harm or injure the victim

Question 26

Can a person consent to a criminal assault?

Answer 26

No

Question 27

State the elements of assault

Answer 27

Assaults | Another person

Question 28

Which 2 enactments cover the assault of a Constable, Traffic or Prison Officer?

Answer 28

Summary Offences Act 1981, Section 10 | Summary Offences Act 1961, Section 39(1)

Question 29

When does SOA, Section apply?

Answer 29

Minor nature of assault | Police acting in lawful execution of his/her duty

Question 30

Which enactment covers Strangulation and Suffocation?

Answer 30

Crimes Act 1961, Section 189A

Question 31

What are the factors to consider when deciding on an appropriate charge for the offence?

Answer 31

The intent Weapons or degree of force Injury

Question 32

How can intent be proven?

Answer 32

Circumstantial evidence Nature of offence Explanations

Question 33

What constitutes ‘strangulation’?

Answer 33

Intentionally or recklessly Impedes Breathing and/or blood circulation

Question 34

How can ‘strangulation’ be done?

Answer 34

Manually | Using an aid

Question 35

Define ‘impede’

Answer 35

Obstructing or interfering With normal function rather than Blocking or preventing

Question 36

Explain “asphyxia”

Answer 36

Closure of blood vessels or air passages Applying pressure to or on Throat and/or neck

Question 37

Explain ‘suffocation’

Answer 37

Blocking | Nose and/or mouth

Question 38

Explain the legal justification of use of force in Section 59, Crimes Act 1961: Parental Control

Answer 38

Force used for the purpose of correcting a CYP

Question 39

When is using force under Section 59 constituted as an assault on a child?

Answer 39

Smacking a child for the purpose of correcting or punishment

Question 40

Parents have the right to use force on a child for what?

Answer 40

Minimising or preventing | Harmful, offensive, disruptive or criminal behaviour

Question 41

Police have the power to use force in making an arrest

Answer 41

Section 39, Crimes Act 1961

Question 42

Police have the authority to use force in preventing an escape of custody

Answer 42

Section 40, Crimes Act 1961

Question 43

Any person is allowed to used reasonable force to prevent a breach of peace

Answer 43

Section 42, Crimes Act 1961

Question 44

Anyone is allowed to use as much force as reasonable in self defence of defence of another

Answer 44

Section 48, Crimes Act 1961

Question 45

Anyone authorised by law to use force is criminally responsible for any excess, according to the nature & quality of the act

Answer 45

Section 62, Crimes Act 1961

Question 46

Define ‘Police misconduct’

Answer 46

Unreasonable, unnecessary, or unjustified use of force

Question 47

What are the consequences of ‘police misconduct’?

Answer 47

Criminal charge/s | Dismissal

Question 48

State the procedure when dealing with a victim of assault

Answer 48

Photographs, Damage to clothing, Examine scene, find witnesses, Obvious injuries and verify

Question 49

State the procedure when dealing with a suspect or offender

Answer 49

Gain & record admission Cuts/bruises/grazes Seize exhibits