Offences Flashcards
Definition of Assault
Intentionally applying or attempting to apply force to another person
What are the 3 types of assaults?
Directly
Indirectly
Conditional
What are the two Acts that cover assault?
Crimes Act 1961
Summary offences Act 1981
Why is the element “another person”?
You cannot assault an animal or yourself.
Can you be charged with assault for an injury that was caused to another person out of fear for being assaulted?
Yes
What is conditional assault?
A threat followed by a condition.
What is Mens rea?
The act of doing something wrong knowingly.
What is Actus reus?
A guilty act
What is consensual assault?
Common everyday acts such as a handshake or high-five
What Act and Section is common Assault?
Summary offences Act 1981
Section 9
And
Crimes Act 1961 Section 196 (Punch to the head from behind)
What Act and section is assaulting a constable?
Summary offence Act 1981
Section 10
What Act and section is Male assaults female?
Crimes Act 1961
Section 194b
Section 9, Summary Offences Act 1981?
Common Assault
Section 10, Summary Offences Act 1981
Assaulting a constable
Section 192, Crimes Act 1961
Aggravated assault
When deciding what Act and section to use for an assault, what 3 factors must be considered?
The intent
Weapons or degree of force
Injury received
What is the difference between Crimes Act 1961 and Offences Act 1981?
Crimes Act deals with more serious cases
Strangulation
A) Blocking a persons nose, mouth or both
B) Applying pressure on, or to, that other persons throat, neck or both
Gives a constable the power to use force when making an arrest - Section and Act?
S39
Crimes Act 1961
Gives power to for use of force while escaping - Section and Act?
S40
Crimes Act 1961
Force to be used to prevent a breach of the peace
Section 42
Crimes Act
Gives the power to use for saving someone’s life or yours?
Section 48
Crimes Act 1961
Anyone authorised to use force is criminally responsible for any excess force. What section?
S62
Crimes Act 1962
Parent control what section and Act?
S59
Crimes Act 1961