OF01 Assault

Question 1

Elements of ‘Common assault’?

Answer 1

1. Assaults
2. Another person

Question 2

What is the legal definition of assault?

Answer 2

Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Notes

Intentional: There must be intention (mens rea) - E.g. tripping onto an old lady is not assault as there is no intention

Attempting: Act of attempting to apply force is still fully assault to the definition - E.g. going to punch someone but they duck and dodge the punch, you are still completely liable for assault

Indirectly: If offender does something so that force is applied to another this is still assault - E.g. striking a horse so that it rears and throws the rider off

Present ability to effect purpose: Alan comes up to me at dinner, clenches his fist, and tells me to leave or he’ll punch my face - It is reasonable for me to believe that Alan has the present ability to effect his purpose (as he is physically able to do so)

No present ability to effect purpose: Alan standing on the road telling me to come outside so he can punch my face - Alan doesn’t have the present ability to effect his purpose, nor would it be reasonable for me to think he does

Question 3

What are the four types of assault?

Answer 3

1. Direct application of force
2. Indirect assault - not applied directly to the victim (e.g. pulling out a chair from underneath someone)
3. Conditional assault - condition is made (e.g. “you won’t be assaulted if you leave the property”)
4. Doctrine of transferred malice - liable for an offence if they have the necessary mens rea and commits the actus reus even if the victim differs from the one intended (e.g. A went to punch B, but B ducked and A hit C on accident)

Note: ‘Intent’ or mens rea cannot be transferred from one offence onto another (e.g. throwing a stone at a car but it hits a person as they get out, not liable for assault as their mens rea is wilful damage).

Question 4

What three factors must be considered in deciding on types of assault charges?

Answer 4

1. The intent - did the offender want to scare, injure or kill the victim - can be proven by actions/words before, during or after the offence, offender’s explanation or surrounding circumstances/nature of offence
2. Weapons or degree of force used - was it a slap or punch, was a weapon used?
3. Injury received - did the victim sustain an injury? were the wounded or killed?

Question 5

What is implied consent?

Answer 5

Everyday life has many occurences of technical assault (e.g. shaking hands, touching someone’s shoulder). These are deemed to have ‘implied consent’.

A criminal assault is committed by a person with intent to hurt or harm the victim.

Question 6

What is the relevance of the strangulation or suffocation offence in policing?

Answer 6

The offence used as intimidatory and/or coercive weapon in domestic abuse which is especially prevalent with the amount of family harm. That is why it is not necessary to show injury.

Definition

Everyone is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly impedes another person’s normal breathing, blood circulation or both, by doing (manually, or using any aid) all or any of the following:

(a) blocking that other person’s nose, mouth, or both:
(b) applying pressure on, or to, that other person’s throat, neck, or both
* Note: It is not necessary to show that harm or injury has resulted.*

Crimes Act 1961, s 189A

Question 7

What are the elements of assault on a police officer?

Answer 7

1. Assaults
2. Constable or prison officer or traffic officer
3. In the execution of their duty

Note: If the assault is more serious, charge them with another type of assault under the Crimes Act 1961

Summary Offences Act 1981, s 10