Assault Flashcards
List the Elements of Assault?
Assaults.
Another Person.
Give an example of Direct Application of Force.
The FORCE is APPLIED DIRECTLY to ANOTHER PERSON
Example: by PUNCHING, or HITTING SOMEONE with a baseball bat.
Give an Example of Indirect Assault
An INDIRECT assault is where FORCE is NOT APPLIED DIRECTLY to the VICTIM
Example:
A female has locked the door to her room because her partner is trying to get in to assault her. In fear she jumps out the window to try get away from her partner. In doing so she breaks her ankle as she lands on the ground outside her window. This is indirect assault.
Give an Example of Transferred Malice
When the INTENTION to harm ONE INDIVIDUAL inadvertently causes a SECOND PERSON to be HURT INSTEAD, the PERPETRATOR is still HELD RESPONSIBLE.
Example: A man strikes a mother holding her baby, she drops the baby. The man has committed assault on the the baby through TRANSFERRED MALICE
Give an Example of Conditional Assault.
CONDITIONAL ASSAULT is an ASSAULT expressing a threat on condition.
Example:
A threatens to assault B and accompanies the threat wit an act or gesture. But A says to B: “you won’t be assaulted if you leave the property”.
In this case, the victim is told the assault will not be carried out if he or she complies with a condition.
This still constitutes assault.
What is the definition of Assaults?
Crimes Act 1961 sec 196 OR Summary Offences Act 1981 Sec 9
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 affect their purpose.
What is the definition of “Another person”?
Crimes Act 1961 or Summary Offences Act 1981.
It has to be another person other than the offender.
What is the definition of “Using anything as a weapon”?
Crimes Act 1961 or Summary Offences Act 1981
An object of some sort, whether animate or inanimate, must be used as a weapon
What is the definition of “Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon”?
Crimes Act 1961 or Summary Offences Act 1981.
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.
