Assault

Question 1

What is the definition for Assault?

Answer 1

1) 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

Question 2

What are the procedures (investigation) for Assault? -

V.P.C.S.W.I.M

Answer 2

• VAWSEIPO
• PHOTOGRAPHS/record all injuries
• Seize/record damaged CLOTHING
• Examine SCENE for evidence, seize exhibit such as weapons
• Seek independent WITNESSES
• Record/photograph all INJURIES at the time
• Request MEDICAL certificate to verify injuries

Question 3

What are the 3 things you MUST consider when responding to a report of Assault by the suspect/offender? - A.C.E

A = …..

Answer 3

• Seek and record an ADMISSION (confession)

Question 4

C = …..

Answer 4

• Check and record/photograph for grazes, CUTS, bruising as corroborative evidence

Question 5

E = …..

Answer 5

• EXHIBITS, seize weapons, clothing

Question 6

What are the 3 factors to consider when deciding which offence of Assault to charge with? - I.W.I

I = ……

Answer 6

INTENT

• Scare, injure or kill
• Circumstantial evidence of the offenders words, actions before, during or after
• Surrounding circumstances and nature of the offence
• Offenders explanation

Question 7

W = …..

Answer 7

WEAPONS or degree of force used

• A mere slap
• Knife or other weapon

Question 8

I = …..

Answer 8

INJURY received

• Injuries sustained
• Injured, wounded or killed

Question 9

There are 5 types of Assault…

1 of 5?

Answer 9

1) DIRECT
- A direct strike to the person they intended to hit
i. e deliberate punch to the face

Question 10

2 of 5?

Answer 10

2) INDIRECT
- Where force is not directly applied to the victim
i. e pulling away a chair as someone is about to sit down

Question 11

3 of 5?

Answer 11

3) CONDITIONAL
- When someone places terms and conditions on a threat
i. e Step over that line and I will punch you

Question 12

4 of 5?

Answer 12

4) TRANSFERRED MALICE
- When the intention to harm an individual cause another person to be harmed
i. e A goes to punch B in the face, but B ducks and A hits C in the face instead

Question 13

5 of 5?

Answer 13

5) IMPLIED CONSENT
- Touching a person on the shoulder
- Shaking hands
- Acts of affection i.e hug or kiss

Question 14

What is the Doctrine of Transferred Malice?

Answer 14

Is liable if he/she has ‘MENS REA’ and commits ‘ACTUS REUS’ even if the VICTIM DIFFERS from the one INTENDED

Question 15

‘EXCEPTION’ for Doctrine of Transferred Malice…

Answer 15

If an individual has the ‘mens rea’ for a different offence from that which he/she commits, the ‘mens rea’ cannot be transferred

Question 16

What does ‘mens rea’ mean?

Answer 16

The ‘INTENT’ or state of mind of the offender at the time

Question 17

What does ‘actus reus’ mean?

Answer 17

The physical act ‘ACTION’ or effort to carry out the offence

Question 18

Mens rea + Actus reus = ?

Answer 18

Both need to be present to prove a charge, as well as all the elements