Assault With A Weapon Flashcards

0
Q

Define Assault:

Assault With A Weapon

A

-ACT OF INTENTIONALLY APPLYING OR ATTEMPTING TO APPLY FORCE TO THE PERSON OF ANOTHER, DIRECTLY OR INDIRECTLY, OR BY 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 THEY HAVE,THE PRESENT ABILITY TO EFFECT THEIR PURPOSE.

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1
Q

Ingredients of Assaults with a Weapon:

A

-Assaults
-Another person
-Using anything as a weapon
OR
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon

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2
Q

Define Another person:

Assault With A Weapon

A

It has to be ANOTHER PERSON other than the offender.

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3
Q

Define Using anything as a weapon:

Assault With A Weapon

A

AN OBJECT OF SOME SORT, must be USED AS A WEAPON.

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4
Q

Define Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon:
(Assault With A Weapon)

A

AN OBJECT OF SOME SORT, must be ON THE OFFENDER or REASONABLY AVAILABLE to them. The CIRCUMSTANCES must be sufficient to SHOW AN INTENTION TO USE THE OBJECT AS A WEAPON.

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