Assault Flashcards
Ingredients for
ASSAULT
Assaults
Another person
Four types of assault
- Direct
- Indirect (pulling chair out)
- conditional (threats of assault with conditions eg you won’t be assaulted if…)
- Transferred malice
Assaults
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.
Another person
ANOTHER PERSON other than the offender
Ingredients for
ASSAULT WITH A WEAPON
Assaults
Another person
Using anything as a weapon
OR
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon
Using anything as a weapon
An OBJECT of some sort, whether animate or inanimate, must be USED AS A WEAPON.
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
AN OBJECT OF SOME SORT, whether animate or inanimate, must be either ON THE OFFENDER or REASONABLY AVAILABLE to them.
The CIRCUMSTANCES must be sufficient to SHOW AN INTENTION TO USE the OBJECT AS A WEAPON.