Assault Definitions

Question 0

Conditional threat

Answer 0

Threat conditional on some subsequent action does constitute an offence of assault provided other requirements are met.

Has to be believed

Question 1

Assault

Answer 1

The act of intentionally applying or attempting to apply force to another person directly or indirectly

Threatening by any act or gesture to apply such force to the person if another if the person making the threat has or causes the other to believe on reasonable grounds that he it she has present ability to effect his other purpose

Question 2

Disfigured

Answer 2

Consists of external injury that Mars or alters a persons appearance, need not be permanent

Question 3

Transfer of malice

Answer 3

If the defendant has mens rea of a particular crime causes the actus reus of the same crime they are guilty even if the result was unintended - if the victim is not the intended victim

Question 4

GBH

Answer 4

That it is really serious.
Stabs a victim knife penetrates a vital organ. (If didn’t get vital organ-injury) Proof of permanent injury not required

GBH includes diseases. Not limited to the body but also the mind

Question 5

Injures

Answer 5

Means to cause actual bodily harm
Not require proof of physical injury may include hysteria or nervous condition

Must be more than transient or trifling

May relate to an impaired state of mind must be phychiatric injury identified clinical condition

Question 6

Intent

Answer 6

Meant to cause GBH or cause injury

Question 7

Intent can be proved by

Answer 7

Circumstantial-suspects actions words before during after event

The circumstances and nature if the event

Suspects explanation- no explanation what can be inferred about what the suspects intended as the natural consequences of their actions

Question 8

Maims

Answer 8

Means to cause serious bodily injury. Must be permanent injury

Question 9

Reckless

Answer 9

Have a conscious appreciation of the danger or risk if they continue with that course of conduct

Question 10

Render any person incapable

Answer 10

Whether a threat is capable if bring violent means and rendering the person incapable of resistance is a question of fact- to be decided by jury

Question 11

Stupefied

Answer 11

Cause an effect on the mind or nervous system which seriously interferes with the persons mental or physical ability to act in any way which might hinder the intended crime

Question 12

Violent means

Answer 12

Question for jury- not limited to physical violence includes threats of violence

Question 13

Wounds

Answer 13

A person is wounded if
The skin is broken
Internal injury caused by, eg a kick

Wound does not have to be dangerous although more than flow of blood is required

Permanent injury not required