Assault Examples Flashcards
John and Sam enter a local hotel. Matt is drunk and throws a punch at John. John
ducks and Sam is struck in the face. What is the Offence?
Common assault.
John and Sam enter a local hotel. Matt is drunk and throws a punch at John. John
ducks and Sam is struck in the face. Why is this Common assault?
Matt intentionally applies force to Sam. This is a direct assault.
(Doctrine of Malice applies)
Matt attempts to intentionally apply force to John but is unsuccessful.
The attempt to assault someone is the full offence.
Michael is on his way to the toilet when he accidentally bumps into Karl. Karl is
less than impressed and punches Michael in the side of the head. What is the offence for each person?
Michael: No assault on Karl.
Karl: Common Assault
Michael is on his way to the toilet when he accidentally bumps into Karl. Karl is
less than impressed and punches Michael in the side of the head. Why is this common assault?
Michael: Even though he directly applied force, there was no intent. No
Mens Rea.
Karl: Karl intentionally applied direct force to Michael, demonstrated by punching Michael in the side of the head.
All seats in a café are taken. Billy, a local trouble maker approaches the occupants of a table, clenches his fist and says, “Move, or else”. What offence is this?
Conditional Assault.
All seats in a café are taken. Billy, a local trouble maker approaches the occupants of a table, clenches his fist and says, “Move, or else”. Why is this common assault?
Billy threatens the occupants by an act or gesture and accompanies
these with a verbal condition. This is considered a Conditional Assault.
Simon walks over to Paul who is drinking with a few mates. They get into an argument and Simon starts to abuse Paul who then just ignores him. Simon
continues the verbal abuse and states “One of these days you will get your head kicked in”. Simon then walks off. What offence is this?
No offence.
Simon walks over to Paul who is drinking with a few mates. They get into an argument and Simon starts to abuse Paul who then just ignores him. Simon
continues the verbal abuse and states “One of these days you will get your head kicked in”. Simon then walks off. Why is this not an offence?
Simon has not committed assault. After stating “one of these days you will get your head kicked in”, Simon has walked away from Paul. He has not made any act or gesture towards Paul. Verbal threats alone do not
constitute assault.
Angus is employed as a gardener at the Wellington Prison. As he is mowing the lawns, he notices a youth kicking the wire security fence. When he tells the youth
to stop, the youth clenches his fists and says, “If you don’t piss off I will give you
one.” What offence is this?
No offence.
Angus is employed as a gardener at the Wellington Prison. As he is mowing the lawns, he notices a youth kicking the wire security fence. When he tells the youth
to stop, the youth clenches his fists and says, “If you don’t piss off I will give you
one.” Why is this not an offence?
Although the youth has threatened Angus using an act or gesture and
also stated a verbal condition he does not have the present ability to effect his purpose.
Mark is in a discussion with John and Paul when things begin to get heated. John
calls Mark a wanker. Mark is less than impressed and throws a punch at John but
misses. A doorman sees the punch thrown and asks Mark to leave, which he does. What offence is this?
Common assault.
Mark is in a discussion with John and Paul when things begin to get heated. John
calls Mark a wanker. Mark is less than impressed and throws a punch at John but
misses. A doorman sees the punch thrown and asks Mark to leave, which he does. Why is this common assault?
Mark has committed assault. Despite not actually hitting John, Mark has committed assault by intentionally attempting to apply direct force by
throwing a punch at John. Even though he missed, John he can still be charged with assault.
Bart and Simon recently had a disagreement about Simon cheating in a game of pool. Later that day Bart sees Simon riding a horse along the road. As Simon rides
pass, Bart slaps the horse on the leg to cause it to buck and throw Simon off. What offence is this?
Indirect Assault
Discount cruelty to animals
Bart and Simon recently had a disagreement about Simon cheating in a game of
pool. Later that day Bart sees Simon riding a horse along the road. As Simon rides
pass, Bart slaps the horse on the leg to cause it to buck and throw Simon off. Why is this common assault (discount cruelty to animals)?
This is an indirect assault, as Bart intentionally hit the horse to cause it to
buck Simon off and fall to the ground.
