OF01 - Assault

Question 1

What are the elements of assault

Answer 1

Assaults
Another Person

Question 2

What is indirect assault

Answer 2

Is when force is not applied directly applied to the victim

Question 3

What is conditional assault

Answer 3

Threatening to assault if they do not do something.

Question 4

What is transferred malice

Answer 4

If the offender has the necessary mens rea and commits the actus reus even if the victim differs from the one intended

Question 5

What are the 3 factors to consider when deciding what charge is most appropriate in regards to assault

Answer 5

The intent
Weapons or degree of force used
Injury received

Question 6

What are the sections in the crimes act and summary offences act that refer to common assault

Answer 6

Crimes act - s196
SOA - s9

Question 7

What does “assaults” mean

Answer 7

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

OR

Threatening by any act or gesture to apply such force to another person, if that person believes on reasonable grounds that they can effect their purpose

Question 8

What does “another person” mean

Answer 8

It has to be another person other than the offender