Assault With Weapon Flashcards
Definition of assault:
acts of intentionally applying force or attempting to apply force to the person of another, directly or indirectly or threatening by act or gesture to apply such force to a 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.
Ingredients of assault with a weapon:
Assaults another person using anything as a weapon OR having anything with him or her in circumstances that prima face show an intention to use it as a weapon.
Definition of another person:
Must be another person other than the offender.
Definition of using anything as a weapon:
An object of some sort, used as a weapon.
Definition of having anything with him or her in circumstances that prima facie show intention to use it as a weapon:
An object of some sort on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.
