OF01 Assault Flashcards
What is direct assault?
Direct contact from one person to another
What is indirect assault?
Force is not directly applied from one person to another (eg woman jumps out window out of fear of being assaulted)
What is transferred malice?
When a third party is struck in the process of assault
What is conditional assault?
Victim is told they will be assaulted unless they comply
What are the 2 elements of Assault?
- Assaults
2. Another person
What are the three factors to take into account when deciding what assault offence to charge with?
Intent
Weapons/degree of force
Injury received
How is the element “assault” proven?
Intentionally applying or attempting to apply force to another person directly or indirectly
OR
threatening by act or gesture to apply such force, if the person making the threat causes the other person to believe on reasonable grounds they have the ability to effect their purpose.
How is the element “another person” proved?
Another person other than the offender