Chapter 6 - Crimes against bodily integrity

Question 1

Assault

Answer 1

A person commits assault if she unlawfully and intentionally:

1. applies force, directly or indirectly, to the person of another, or
2. inspires a belief in another person that force is immediately to be applied to her.

Question 2

Application of force - direct

Answer 2

1. X punches y with her fist, or
2. kicks her, or
3. slaps her in the face

Question 3

Application of force - indirect

Answer 3

1. X sets a vicious dog on Y, or
2. X snatches away a chair under Y just as he is about to sit on it, resulting in Y’s falling to the ground, or
3. X derails a train on which Y is travelling, or
4. X frightens a horse on which Y is riding so that Y falls from the horse

Question 4

Inspiring fear of immediate force

Answer 4

For a person to be convicted of assault in this form, the following rules apply:

1. The threat must be one of violence to the person of Y. Thus, a threat by X to damage Y’S property m is not sufficient.
2. The threat must be one of immediate violence. Thus, a threat to cause Y some physical harm in the future (e.g. the next day) would not qualify as assault in this form.
3. The threat must be one of unlawful violence. If X is entitled by law to threaten Y with violence should Y not behave in a certain manner (such as to leave X’s house or premises), she does not commit assault if she threatens Y. Thus, X may always threaten Y to use force to defend herself or her property.
4. Y (the complainant) must subjectively believe that X intends to carry out her threat and that she is able to do so. The essence of this type of assault is the intentional inculcation of fear upon Y. If Y does not in fact fear the threat, no assault is committed.

Question 5

Assault with intention to do grievous bodily harm

Answer 5

A person commits assault with the intent to cause grievous bodily harm if she unlawfully:

1. applies force, directly or indirectly, to the person of another, or
2. inspires a belief in another person that force is immediately to be applied to her with the specific intent to do grievous bodily harm

Question 6

Factor for intention to do grievous bodily harm

Answer 6

1. the nature of the weapon or instrument used
2. the way in which the weapon or instrument was used
3. the degree of violence
4. the part of the body aimed at
5. the nature of the injuries

Question 7

Pointing of a firearm

Answer 7

The elements of the offence are the following:

1. the pointing of
2. a firearm or other article
3. at any person
4. unlawfully and
5. intentionally