Offences OF01 assault

Question 1

Name the Elements of Assault in Crimes Act 1961 Section 196 OR Summary offences act 1981, Section 9

Answer 1

1) Assaults - Intentionally applying force OR Threatening to apply such force to another person if the person making the threat gives someone reasonable grounds to believe their threat
2) Another person - It HAS to be another person

Question 2

Regarding Assault: Define ‘Direct application of force’

Answer 2

Force is applied directly to another person e.g Punching, kicking etc

Question 3

Regarding assault, define ‘Indirect assault’

Answer 3

The force doesn’t need to be applied directly to another person to constitute assault. As long as the offender intends, through their actions, to apply force to another it can still be classed as an assault

I.e Pulling out someone’s chair from under them

Question 4

Define ‘transferred malice’

Answer 4

You can be charged for assault even if accidentally apply force to the wrong person given that you had the original mens rea and Actus reus for assault against an original person.

E.g You get into a park fight, throw a punch, and hit the wrong person

Question 5

Define ‘Conditional assault’

Answer 5

Essentially a threat including act/gesture which implies result in assault

Eg “Get off my property or I’ll stab you” shakes fist

Question 6

Three factors to consider when deciding on an assault charge:

Answer 6

1) The intent
2) Weapons or degree of force used
3) Injury received

Question 7

Basic Understanding g of Strangulation

Answer 7

• Section 189A of the Crimes act
• Defined by: Blocking another persons nose or mouth OR applying pressure on or to another persons throat or neck
• It does not necessarily need to show bruising or loss or consciousness has been a result

Question 8

What are the elements of Wilful damage in the Summary offences act 1981 Section 11 (1) (a)

Answer 8

1) Intentionally
2) Damages
3) Property

Question 9

What are the elements of Wilful damage in the Summary offences act 1981 Section 11 (1) (b)

Answer 9

1) Intentionally
2) Sets fire to
3) Any tree or vegetation

Question 10

What section of what act refers to intentionally damaging property

Answer 10

Section 11 (1) (a) of the summary offences act 1981

Question 11

What section of what act refers to intentionally setting fire to trees and vegetation

Answer 11

Section 11 (1) (b) of the Summary offences act 1981

Question 12

Define ‘Intentionally”

Answer 12

A deliberate act without legal jurisdiction, right or claim

Question 13

Define ‘Reckless’

Answer 13

Where possible consequences are forseen but continues the act regardless of the risk

Question 14

Define property re. Wilful damage

Answer 14

Something that belongs to another person and is capable of being damaged

Question 15

Define ‘Damages’ re. Wilful damage

Answer 15

Temporary or Permanent reduction in the value or usefulness of property

Question 16

What is the timeframe for a prosecution under wilful damage to be commenced

Answer 16

If it comes under summary offences act: Within 6 months

If it comes under Crimes act: No time limit

Question 17

Define: Public Place

Answer 17

A place that at any material time

Is open to OR being used by the public

Wether free or on payment of a charge

And weather any owner or occupier of the place is lawfully entitled to exclude or eject that person from that place

And includes “Any vehicle”

That is carrying or available to carry passengers for reward

Which includes the interior of ANY vehicle which is in a public place