Assualts

Question 1

Definition of Assault:

Answer 1

• An act which causes another person to apprehend the infliction of immediate unlawful
  force on his/her person
• Definition of Battery: the actual infliction of unlawful force on another person

Question 2

What Section is Common Assault and the Elements?

Answer 2

Section 61: Common Assault
- Whosoever assaults any person, although not occasioning ABH, shall be liable to
imprisonment for 2 years
Elements:
1. The Accused
2. Struck, touched or applied force to another, or threatened another with immediate
violence
3. Intentionally or recklessly
4. Without consent
5. Without lawful excuse
Words constituting an assault?
- NO not unless they invoke apprehension of immediate physical violence

Question 3

What are the defences for Assault?

Answer 3

B - Blood
A - Arrest
S - Self defence or defence of another
H - Defence of House or property
S - Sport
M - Medical examination
A - Accidental use of physical force
C - Consent (unless ABH)
K - Kids (lawful chastisement)

Question 4

What are the other sections of Assault in the Crimes Act 1900? (AAEW)

Answer 4

• Section 59: Assault causing ABH
• Section 54: Assault causing GBH
• Section 35: Reckless GBH or wounding
• Section 33: Wounding or GBH with intent

Question 5

What are the other instances for Assault?

Answer 5

1. Unlawful arrest
2. Unloaded firearm - pointing it at another who does not know its unloaded
3. Excessive force
4. Using a dog to attack - used as a ‘weapon’
5. Loaded pistol - presenting loaded pistol at a man
6. Hold up with ruler
7. Non-consenting kiss
8. Injured because of threat - threatened in a car, jumped out of moving vehicle because
   they were scared
9. Spitting on a person

Question 6

Define transfer of Malice ?

Answer 6

• Victim does not have to be who the assault/harm was intended for
• McBRIDE v TURNOCK
• Example: attempting to punch someone, missing and getting their friend - still guilty