Assault Flashcards
Elements of assault
- Assaults
- another person
Types of assault
- direct
- indirect
- doctrine of transferred malice
- conditional
Definition of assault
Intentionally applying or attempting to apply force to another person directly or indirectly
OR
Threatening by act or gesture to apply such force to another person, causing belief on reasonable grounds they have present ability to effect their purpose.
Assaults with a weapon.
Define weapon
An object of some sort, whether animate or inanimate must be used as a weapon
OR
An object that is on the offender or reasonably available to them. Show an intention to use object as a weapon
Which act is assault in?
Summary offences 1981
And
Crimes act 1961
When is a use of force on another person not assault?
Implied consent
- hand shake
- tackle during rugby etc
When are the public able to commit assault legally?
Section 48
Crimes Act 1961
Self defence