Assault Flashcards

0
Q

What is the definition of:

Assault?

A

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.

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1
Q

INGREDIENTS:
Assault
Assault with a weapon

A

Assault

  1. Assaults
  2. Another person
Assault with a weapon 
1. Assaults
2. Another person
3. Using anything as a weapon 
OR
4. Having anything with him or her in circumstances that prima facie shows an intent to use it as a weapon.
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2
Q

What is the definition of:

Another person? (Assault)

A

It has to be ANOTHER PERSON other than the offender

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3
Q

What is the definition of:

Using anything as a weapon?

A

AN OBJECT OF SOME SORT, whether animate or inanimate, must be USED AS A WEAPON

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4
Q

What is the definition of:

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

A

AN OBJECT OF SOME SORT, whether animate or inanimate, must be either ON THE OFFENDER or REASONABLY AVAILABLE and the CIRCUMSTANCES must be sufficient to SHOW AN INTENTION TO USE IT AS A WEAPON

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