Common Assault Flashcards
define common assault
the unlawful and intentional application of force on another person or inspiring a belief of imminent use of force
what type of crime is it
common law crime
what are the elements of common assualt
applying force or inspiring the use of force
unlawfulness
fault
the application or apprehension of force may be…
direct or indirect
what case speaks to direct and indirect force
R v Jolly. The court confirmed that the indirect application of force is as reprehensible as direct because harm on the victim is identical. in this case the accused derailed a train by removing fish plates from the railway line
Summarise S v Marx regarding the application of force
The court concluded that by the accepted definition of of assault, the aggression be forcible; but the force need not to be directly applied by the person charged; it may be applied indirectly
the deliberate administration of alcohol to children, which causes physical harm, constitutes an assault on them
what are the factors considered when the courts apply the apprehension of force
the enquiry relates to the impression that the conduct of the accused created in the mind of the victim
the apprehension must be that the attack is imminent
regarding unlawfulness of common assualt what is taken into consideration
that X caused an impairment on Y’s bodily integrity without justification.
NB: defences that exclude unlawfulness
De minimus rule: trivial assaults do not constitute common assault
What does intent entail regarding common assault
it is a subjective enquiry. where there is no application of force, the state must prove that X intended to intimidate and Frighten Y (apprehension of harm). it can be inferred conduct.
