Assault Offence Identification and Elements

Question 1

You are working a late shift uniform beat patrol in Porirua Mall. You locate Jack and Horst in an alley behind several shops. On approaching them Horst runs at you and shoves you in the chest. You fall to the ground but otherwise are not injured. Horst is
located a short while later. What is the offence and elements of the offence?

Answer 1

Assault on a constable.

1) . Assaults
2) . A Constable
3) . In the execution of their duty

Question 2

Sam is drinking at the Horseshoe Bar. When he approaches the bar to refill his glass he
bumps into Iain who spills some of his beer. Iain lashes out with his glass and hits Sam
on the side of the head. It is painful but Sam is otherwise unhurt. What is the offence and the elements of the offence?

Answer 2

Assaults with a weapon.

1) . Assaults
2) . Another person
3) . Using anything as a weapon

Question 3

You are working a late shift uniform beat patrol in Porirua Mall. You locate Jack and Horst in an alley behind several shops. On approaching them Horst runs at you and shoves you in the chest. You fall to the ground but otherwise are not injured. Horst is
located a short while later. How are these elements proven:

Assaults.
A constable.
In the execution of their duty.

Answer 3

Assaults:
When Horst shoved me in the chest he intentionally applied force to another person.
This falls with the definition of ‘Assault’.

A Constable:
I am a sworn Constable in uniform so there was no mistake about who I was.

In the execution of their duty:
At the time of the incident I was on the beat. Therefore I was carrying my Police duties.

Question 4

Sam is drinking at the Horseshoe Bar. When he approaches the bar to refill his glass he
bumps into Iain who spills some of his beer. Iain lashes out with his glass and hits Sam
on the side of the head. It is painful but Sam is otherwise unhurt. How are these elements proven:

Assaults.
Another person.
Using anything as a weapon.

Answer 4

Assaults:
Iain intentionally applies force to Sam by striking him with a glass. This falls within the
definition of ‘Assault’.

Another person:
Iain struck Sam who is another person.

Using anything as a weapon:
When Iain struck Sam he used a glass. The glass constitutes a weapon.