Assault OF03 Flashcards
Assaults
Act of intentionally applying force or attempting to apply force to a person of another directly or indirectly
OR
Threating by 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
Another person
It has to be another person other than the suspect
Assault in the Crimes Act 1961 & Summary offences Act 1981
Section 196 Crimes Act 1961
Section 9 Summary Offences Act 1981
Conditional Assault
A threat of an assault accompanied by a condition
Transferred malice
Where someone has the necessary mens rea and commits actus reus even if the victim is not the intended target
When charging someone for assault what are 3 things you must consider
Intent
Weapons or degree of force used
Injuries received
Elements of assault
Assaults
Another person