Assault

Question 1

Explain direct assault

Answer 1

It’s elaborate and direct physical attack on a person like punching kicking stabbing etc

Question 2

Explain indirect assault

Answer 2

And assault maybe indirect. For example by setting a dog on another person or by striking a horse causing it to rear and throw the rider

Question 3

Explain assault by menaces

Answer 3

And assault may consist of a violent menace

Verbal threats are not enough themselves to constitute the crime of assault but threatening gestures inducing a state of bodily fear are sufficient whether or not accompanied by menacing words

Examples include

Aggressively pointing a knife at someone within reach

Aiming a firearm whether loaded or not if the victim believes the firearm is loaded

Any similar act which has an intention along with the ability to use violence

Question 4

Using the mnemonic

DIMPLER

Explain the aggravations of assault

Answer 4

D - Danger to victim (pushed into traffic)

I - Intent ( to rob, kill, ravish)

M - Mode of Perpetration (use of weapons/ firearms)

P - Person (character of)
Victim( child or pregnant lady)
Accused ( position of trust)

L - Locus of Assault (in a victims house)

E - Extent of Injury ( fractures/ disfigurement)

R - Racial or similar motivation

Question 5

Explain justifiable assault

Answer 5

In certain cases and assault may be justified by showing that it was done under the authority of the law or in self defence

In such cases The force used must be only so great as is necessary to achieve a satisfactory outcome.

Question 6

Define assault

Answer 6

Assault is 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

There must be a criminal intent