OF01: ASSAULT Flashcards
Transferred Malice
A went to punch B in the face. B ducked and A hit C in the face instead.
Direct Assault
Deliberate punch in the face
Conditional Assault
Step over that line and I will punch you in the face
Indirect Assault
Pulling a chair away as someone is about to sit on it
3 Factors when deciding on types of assault
The intent- What was his intent? Scare, Injure or kill?
Weapons or degree of force used- Was the assault a mere slap on the face or was a weapon used.
Injury received- Did the victim sustain injury? Injured, wounded or killed.
ELEMENTS of Assault
Assaults
Another Person
Assaults meaning
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly.
OR
Threatening by any act of gesture to apply such force to the person of another, if the person making the threat has, or cause the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
Another person meaning
It has to be ANOTHER PERSON other than the offender.