Assault Flashcards
What is direct assault?
A deliberate physical attack on a person, e.g. Punching or stabbing.
Define assault
A crime at common law and is every attack directed to take effect physically on the person of another whether or not actual injury is inflicted.
What is indirect assault?
E.g. Setting a dog on a person, attempting to hit someone, but hitting someone else who got in the way.
What are menaces?
An assault may consist of a violent menace, this is constituted by threatening gestures which induce bodily fear, whether with menacing words or not.
E.g. Pointing a knife, aiming a firearm whether loaded of not, if the victim believes it is loaded.
What are the aggravations associated with assault?
Danger to victim- pushed into traffic or downstairs
Intent to do other things such as rape/robbery.
Mode of perpetration- use of a weapon/corrosive.
Person- the character of the victim; elderly/pregnant. Or the accused- a person of trust?
Locus- did it occur in home/hospital; somewhere you should feel safe
Extent of injuries- broken bones/scarring.
Racial motivation
When is assault justifiable?
If it was done under authority of the law (e.g. Constable using reasonable force)
Or
In self defence (witnessing & stopping an unlawful attack).
force used must be the minimum necessary
Give statutory examples of assault…
Sec. 90 police & fire reform act 2012- relates to a person assaulting a police officer (and any staff or specials)
Sec. 16, 17, 18 of the firearms act 1968- use of firearms by criminals to assault, resist, or instil fear onto others.
What is culpable and reckless conduct?
Acts which cause injury or create a risk of injury, the accused must have shown an utter disregard for the consequences. The act must have been more than a genuine accident.
What are the essential elements required for assault?
Criminal intent by the accused, cannot be accidental.
