Assualt Flashcards
Threatening by any act or gesture to apply such force to another
Words and gestures need be combined for this ingredient eg threatening some one with your fists in the air.
Indirect assault
Force is not directly applied to the victim, but victim may be injured
Due to the offenders actions
eg pulling a chair out from under someone as they sit.
Doctrine of transferred malice
Defendant will be liable for an offence even if the victim differs from the one intended.
Eg when mark swings a punch at john missing and hitting Paul.
Consent to assault
Everyday life these assault occur eg shaking hands
Touching shoulders
These acts have an implied consent
Conditional assault
Threats accompanied by an act or gesture…but assualt won’t be carried out if they comply with a condition.eg
Ray threats marks with his fist in the air and says I won’t hit you if you leave my property
How to decide What charge to use
Three factors
The intent
Weapons or degree if force
Injury recieved
