***Common Assaults & Battery Flashcards
1
Q
What are the TWO types of COMMON ASSAULT?
A
Battery and Assault
2
Q
What is an ASSAULT?
A
An assault is when a person > intentionally/recklessly > causes another > to apprehend > immediate/unlawful > personal violence
3
Q
What does apprehend mean?
A
The victim must be aware of the threats and/or gestures
They must actually fear immediate and unlawful violence
4
Q
What are the TWO defences for assault?
A
Consent
Legal justification
5
Q
What is BATTERY?
A
A battery is where a person
> intentionally / recklessly
> applies unlawful force*
> to another
- includes contact to the slightest degree