Assaults

Question 1

Definition of Assault

Answer 1

s.265(1)
person commits assault when:
(a) without consent, applies force intentionally, directly or indirectly

(b) attempts or threatens by ACT OR GESTURE to apply force, person to believe on reasonable grounds has the PRESENT ABILITY TO EFFECT

(c) wearing or carrying a weapon or imitation thereof, accosts, impedes or begs

Question 2

No Consent is Obtained Where…

Answer 2

No consent is obtained where complainant submits or does not resist by reason of:
- application of force to complainant or other - stepping in to intervene, protecting someone
- threats or fear of force to complainant or other
- Fraud - doctor applying force to patient (dishonest)
- The exercise of authority - unlawful arrest and person submits

Question 3

What is a weapon>

Answer 3

• is anything used, designed, intended for use in CAUSING DEATH OR INJURY or
• for the purpose of threatening or intimidating a person and includes any firearm and
• for the purposes of s.88, 267 and 272 for use in binding or tying up a person against their will

Question 4

Level 1 - Assault

Answer 4

s.266 dual procedure
actual charge for assault

Question 5

Level 2 - Assault Cause Bodily Harm/with a Weapon

Answer 5

s.267 dual procedure
- carries and uses or threatens to use weapon or imitation OR
- causes bodily harm to the complainant OR
- chokes, suffocates or strangles the complainant

Bodily Harm: more than trifiling or merely transient

Question 6

Level 3 - Aggravated Assault

Answer 6

s.268 straight Indictable
- wounds, maims, disfigures or endangers life of person

maims: loss of ability to fight back, permanent damage
wounds: contusion, open wound (stabbing)

Question 7

Execution of Duty

Answer 7

lawfully performing an identifiable and specific duty, authorized by law

Question 8

Assault Peace Officer

Answer 8

s.270(1) dual procedure
(a) assault a public officer or peace officer engaged in the execution of his duty or a person in aid of officer OR

(b) assaults person with intent to resist or prevent the lawful arrest or detention of himself or other

(c) assaults person
engages in lawful execution of process against land or goods or making lawful distress of seizure; OR
with intent to rescue anything taken under lawful process, distress or seizure

Question 9

Assault Peace Officer with Weapon or Cause Bodily Harm

Answer 9

s. 270.01(1) dual procedure
(a) carries, uses or threatens to use a weapon or imitation of one; or

(b) causes bodily harm to complainant

Question 10

Aggravated Assault of Peace Officer

Answer 10

s.270.02(1) indictable
- wounds, maims, disfigures or endangers life of peace officer

Question 11

Disarming a Peace Officer

Answer 11

s.270.1(1) dual procedure
- without consent of P.O
- takes or attempts to take a weapon in possession of P.O when engages in the execution of his duty

Weapon: in this section means anything designed to be used to cause injury or death or temporarily incapacitate (OC, baton)