Assault

Question 1

Direct Assault

Answer 1

Direct Assault

One person physically applying or attempting to apply force

eg. Punching or attempting to punch someone.

Question 2

Indirect Asault

Answer 2

Indirect Assault

One person doing an action that causes harm to another.

eg. Pulling out a chair

Question 3

Conditional Assault

Answer 3

Conditional Assault

Verbally giving a condition before or at the time of the assault.

eg. If you go outside, I will punch you in the face.

Question 4

Consensual Assault

Answer 4

Consensual Assault

Implied consent is given.

eg. shaking hands, high five, pat on back, hugs or kisses.

Question 5

Doctrine of transferred malice

Answer 5

Doctrine of transferred malice

A defendant will be liable for an offence if he or she has the mens rea and commits the actus reus even if the victim differs from the one intended.

eg. A attempts to punch B, but ends up hitting C – The intention transfers.

Question 6

Dealing with a victim of assault:

PCSWIM

Answer 6

Dealing with a victim of assault:

P = Photographs as a record of the injuries and match with note book entry.

C = Clothing is there any damage

S = Scene examination to corroborate the
complaint

W = Witnesses identified

I = Injuries that you observe are recorded

M = Medical certificates that show injuries

Question 7

Dealing with the offender:

ACE

Answer 7

Dealing with offender:

A = Attempt to gain and record an Admission
C = Check for cuts or wounds or bruises etc.
E = Exhibits seize them

Question 8

3 factors to consider when deciding on the most appropriate charge are:

Answer 8

The Intent
- Scare / Injure / Kill

Weapons or degree of force used

• Mere slap in the face
• Weapon like a knife used

Injury received

• Injured / Wounded / Killed

Question 9

Legal justification for use of force include:

Answer 9

Section 39 - Arrest
Section 40 - Stop a person avoiding arest or escape
Section 42 - Prevent a breach of the peace
Section 48 - Self defence
Section 59 - Parental control