OF01 Assault

Question 1

Elements of Assault:

Answer 1

• Assaults
• Another Person

ASSAULTS: 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, they have the present ability to effect their purpose.

ANOTHER PERSON: It has to be another person other than the offender

Question 2

Example of: Direct application or force.

Answer 2

The force is applied directly to the person: Punching or hitting someone in the face. A hits B.

Question 3

Example of: Indirect Assault.

Answer 3

The force is not applied directly to the person: a chair pulled away from someone as they sit down. A pulls B’s chair away and b hits the ground.

Question 4

Example of: Transferred Malice.

Answer 4

Intending to hit one person but missing and hitting another. A swings and missed B but hits C.

Question 5

Example of: Conditional Assault.

Answer 5

A threatens to assault B and accompanies the threat with an act or gesture for example A says “ you wont be assaulted if you leave the property”. A tells B it wont happen if B complies with a condition.

Question 6

Define: Implied consent.

Answer 6

Implied consent is consent which is not expressly granted by a person but accepted by society (or with the right person) as acceptable such as:

• Shaking hands.
• Touching / slapping a person on the shoulder.
• Act of affection such kiss or a hug.