Assault Flashcards

1
Q

What are the elements of common assault, S9 Summary Of Offences Act 1981

A

Assaults,

Another person.

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2
Q

Explain direct application of force

A

The act of intentionally applying force to another person

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3
Q

Explain indirect force

A

The intention to assault a person by doing something that is indirect that causes force to the person still (eg; striking a horse so the horse rests and throws the rider)

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4
Q

Explain transferred malice in assault

A

When the offender has the necessary mens rea and commits the assault/actus reus even if the victim differs from the initial one intended.

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5
Q

What three factors must be considered on deciding on types of assault?

A
  1. Intention
  2. Any weapons or degree of force used
  3. Outcome/injury of the victim
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6
Q

Explain the act of intentionally applying force indirectly

A

Offender apply force to another and does something so that some force was applied to the victim eg, pulling a chair out from under the person so they fall.

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7
Q

What can be used as sufficient evidence?

A
Witness statement 
Offender statement
Police officer actions/statements 
Forensic evidence
Exhibits
Photographs
CCTV footage
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