EXAM Assault

Question 1

Define assault

Answer 1

Direct or indirect application of force by a person to the body or clothing where the force is:

• without lawful excuse
• intentional or reckless

Question 2

Describe the defence to assault of self defence

Answer 2

Defence used by accused who alleges he/she was in fear of immediate attack or injury with reasonable grounds for belief

Question 3

Describe the defence to assault of lawful use of force

Answer 3

Person will not be guilty of assault if it is shown that the forced used was lawful. Force must not disproportionate with actions taking place

Question 4

Describe the defence to assault of duress

Answer 4

If someone commits a crime as a result of fear induced by certain threats

Question 5

Describe the defence to assault of necessity.

Answer 5

3 elements:

• must be done to protect someone else from harm
• reasonable grounds
• not out of proportion

Question 6

Describe the defence to assault of intoxication

Answer 6

If intoxication is self induced,must compare accusers beliefs to those of a reasonable person who is not intoxicated