Assault Flashcards
What are the elements of common assault, S9 Summary Of Offences Act 1981
Assaults,
Another person.
Explain direct application of force
The act of intentionally applying force to another person
Explain indirect force
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)
Explain transferred malice in assault
When the offender has the necessary mens rea and commits the assault/actus reus even if the victim differs from the initial one intended.
What three factors must be considered on deciding on types of assault?
- Intention
- Any weapons or degree of force used
- Outcome/injury of the victim
Explain the act of intentionally applying force indirectly
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.
What can be used as sufficient evidence?
Witness statement Offender statement Police officer actions/statements Forensic evidence Exhibits Photographs CCTV footage