Liabilities - Assault

Question 1

Define the ingredient ‘Assaults’

Answer 1

• Acts of intentionally applying or attempting to apply force
• to the person of another directly or indirectly
• or threatening by any act or gesture to apply such force
• to the person of another if the person making the threat
• has or causes the other to believe on reasonable grounds
• that they have the present ability to effect their purpose

Question 2

Define the ingredient ‘Another Person’.

Answer 2

• It has to be another person other than the offender

Question 3

List the ingredients of ‘Assault with a Weapon’.

Answer 3

• Assaults
• Another person
• Using anything as a weapon
  OR
• Having anything with him or her in circumstances
• That prima facie show an intention to use it as a weapon

Question 4

Define the ingredient ‘Using anything as a weapon’.

Answer 4

• An object of some sort, whether animate or inanimate

- Must be used as a weapon

Question 5

Define the ingredient ‘Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon’.

Answer 5

• An object of some sort, whether animate or inanimate,
• Must be either on the offender or reasonably available to them.
• The circumstances must be sufficient to show an intention
• To use the object as a weapon

Question 6

Give an example of each of the following:

• Direct application of force
• Indirect assault
• Transferred malice
• Conditional assault

Answer 6

• Direct application of force
  #Using a closed fist to strike/punch another person
• Indirect assault
  #Pulling a chair away as someone is about to sit down
• Transferred malice
  #Striking at person A, Person A ducks and person B is struck instead.
• Conditional assault
  #Person A threatens to assault person B. But Person A says to Person B ‘you wont be assaulted if you leave the property’

Question 7

List 4 Acts and Sections that confers the legal justification for the use of force and give an example of each.

Answer 7

• Sect.39 Crimes Act 1961
  Gives a Constable or other person the power to use force in making an arrest.
• Sect.40 Crimes Act 1961
  Gives Authority for police to use force to prevent an escape.
• Sect.42 Crimes Act 1961
  Allows anyone to use reasonable force to prevent a breach of the peace.
• Sect.48 Crimes Act 1961
  Allows anyone to use as much force as necessary in defence of himself or herself or another person.

Question 8

Define Section 59 Crimes Act 1961, Parental Control.

Answer 8

• This section gives parents, guardians and caregivers the right to use force on a child for minimising or preventing behaviour that is harmful, criminal, offensive or disruptive and to perform normal parenting or caring tasks.

Question 9

Define ‘Implied Consent’.

Answer 9

-	In everyday life, technical assaults are 	committed through such acts as:
		Touching a person on the shoulder
		Shaking Hands
		Tackles on a rugby field.
	These acts have an implied consent.

Question 10

List 5 types of Assault and the applicable Section and Act.

Answer 10

-	Aggravated Assault
	Sect 192 Crimes Act 1961
-	Assault with intent to injure
	Sect 193 Crimes Act 1961
-	Assaulting a child
	Sect 194(a) Crimes Act 1961
-	Male Assaults Female
	Sect 194(b) Crimes Act 1961
-	Common Assault
	Sect 196 Crimes Act 1961

Question 11

List the ingredients of Assault.

Answer 11

• Assaults

- Another Person