Assault Definitions

Question 1

Define Act or Gesture

Answer 1

Physical movement usually required for assault, accompanied by words, the combination proves intent.

Question 2

Define Assault

Answer 2

Act or intentionally applying or attemptinf to apply force to another person.
Threatening by act or gesture to apply force to another person.
Person making threat has or causes the other to believe on RG that they have the present ability to effect his or her purpose.

Question 3

Define Disfigured

Answer 3

External injury the mars or alters a persons appearance. Need not be permanent.

Question 4

Define Firearm

Answer 4

Anything from which any shot, bullet, missile, or  other projectile can be discharged by force of explosive.
Anything adapted
Anything presently uncapable
Anything dismantled
Any specifically dangerous airgun

Question 5

Define Grievous bodily harm

Answer 5

Harm the is really serious
(Stab and hit vital organ)
Includes diseases such as HIV
Can include serious psychiatric injury.

Question 6

Define injury

Answer 6

Actual bpdily harm

• hurt or injury that interferes with the health or comfort of the victim. Need not be permanent but more than merely trifling. Not bruised arm.
• impaired state of mind, psychiatric injury indentified as clinical condition. Not just fear/distress.

Question 7

How can a suspects intent be proved?

Answer 7

• Circumstancial evidence (actionas and words before during or after the event)
• Nature of the offence (baseball bat, are you going to play baseball?)
• Suspects explanation (none given or suspectis intention of natural consequences due to their actions)

Question 8

Define maims

Answer 8

To cause serious bodily injury (Loss of arm).

Needs permanent weakness or loss.

Question 9

Define reckless

Answer 9

A conscious appreciation of the danger or risk of damage if they continue with the course of conduct but proceeds neverltheless.

Question 10

Define incapable of resistence

Answer 10

Question of fact, assessment made by jury. Considering all circumstances surrounding the making of the making of the threat.

Question 11

Define stupified

Answer 11

To cause effect on the mind or nervous system, which really seriously interferes with ability to hinder an intended crime.
Seriousness to be decided by jury.

Question 12

Define violent means

Answer 12

Given its usual meaning. Whether the threat is capable of being violent is question if fact for the jury.

Includes physical violence and threats of violence.

Question 13

Define wound

Answer 13

Broken skin or internal injury.

More than minimal flow of blood required.

Stab wound or split internal organ.

Need not be permanent.