Assault - Elements and other

Question 1

Assault - Elements

Answer 1

1. Assaults
2. Another person

Question 2

Assault - Component 1

Answer 2

The act of intentionally applying…

Question 3

Assault - Component 2

Answer 3

or attempting to apply force…

Question 4

Assault - Component 3

Answer 4

… to another person…

Question 5

Assault - Component 4

Answer 5

… directly

Question 6

Assault - Component 5

Answer 6

or indirectly…

Question 7

Assault - Component 6

Answer 7

.. or by threatening by any act or gesture to apply such force to another…

Question 8

Assault - Component 7

Answer 8

… if the person making the threat has, or causes the other to believe on reasonable grounds he has…

Question 9

Assault - Component 8

Answer 9

… the present ability to effect their purpose.

Question 10

Assault - Components

Answer 10

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 effect their purpose.

Question 11

Assault - Prove: Another person

Answer 11

It has to be another person other than the offender.
(Who was the victim?)

Question 12

What charge to use?
Factor 1

Answer 12

The intent:
Scare, injure, kill?

Question 13

What charge to use?
Factor 2

Answer 13

Weapons or degree of force:
Was it a slap on the face or was a knife or other weapon used?

Question 14

What charge to use?
Factor 3

Answer 14

Injury recieved:
Was the victim injured, wounded or killed?

Question 15

Indirect Assault
R v Beech

Answer 15

Force is not applied directly to the victim
“… the victim’s injuries were caused as a direct result of Beech’s actions and, although he did not physically touch her, he was indirectly guilty of assault.”
R v Beech

Question 16

Conditional Assault

• Police v Greaves (1964) NZLR295*
• Fagan v Metropolitan Police*

Answer 16

A threat with an act or gesture and a condtition.
“If you cross this line, Ill smack you”
See page 6 of the resource book

Question 17

Direct Assault

Answer 17

Target actually hit

Question 18

Transferred Malice

• R v Latimer (1986) 17 QBD 359*
• R v McMasters*

Answer 18

Third party struck

“… to be guilty of assault, it is not necessary to apply actual force to another. To constitute assault, it is sufficient to remove a person’s means of support without actually touching them.”

(Two assaults committed)

Question 19

Consent to Assault
(what are some examples?)

Answer 19

These acts have implied consent

• Touching a person on the shoulder
• Shaking hands
• Acts of affection - hugs, kisses etc

Question 20

Define Assault

Answer 20

Assault is the act 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 person to believe on reasonable grounds that he has, the present ability to effect his purpose

Question 21

Assault:
To prove assault you must have

Answer 21

• Mens Rea
• Actus Reus

Question 22

Assault:
Proving - Actus Rea

Answer 22

The physical act
(What physically happened?)

Question 23

Assault:
Proving - Mens Reus

Answer 23

The intent/ mindset

(What was their intenton? what was their mindset? How can you prove it?)