Assault

Question 1

What are the elements of assault?

Answer 1

Assaults
Another person

Question 2

What are the different types of assault?

Answer 2

Direct assault
Indirect assault
Transferred malice
Conditional assault
Consent to assault
Assault with a weapon

Question 3

What must be proven for it to be an assault?

Answer 3

BOTH Actus reas and mens rea

Question 4

Define assault

Answer 4

The act of applying force or attempting to apply force to another person directly or indirectly

Threatening by any act of gesture to apply force to another

If the person making the threat has or causes others to believe that on reasonable grounds has the present ability to effect their purpose.

Question 5

What is transferred malice?

Answer 5

A 3rd party has been struck

Example
Bob goes to punch Joe but Joe ducks and Sam gets punched instead

Question 6

What is implied consent

Answer 6

Consent to assault

Examples:
Shaking hands
Kissing or hugging

Question 7

Assaults element
“ Assaults”

What are some of the words used to prove this element?

Answer 7

Intentionally applying force to another
Attempting to apply force to another

OR

Threatening by any act or gesture to apply force to another

Question 8

Assaults element
“ Another person”

What are some of the words used to prove this element?

Answer 8

It has to be another person other than the offender

Question 9

Explain what conditional assault is

Answer 9

Victim is told the assault will not be carried out if he or she complied with a condition

Example:
“I will not punch you if you leave the property”

Question 10

What is indirect assault?

Answer 10

An indirect assault is where force is not applied directly to the victim

Pulling someone’s chair out before they sit down, resulting in them falling and breaking their tail bone

Question 11

What are the 3 factors in deciding what act and section we will charge someone with assault?

Answer 11

The intent

Weapons and degree of force used

Injury received