Assault

Question 0

What are the ingredients for assaults with a weapon?

Answer 0

Assaults
Another person
Using anything as a weapon
Or
Having anything with him or her in circumstances that prima facie show and intention to use it as a weapon

Question 1

Ingredients of Assault

Answer 1

Assaults

Another person

Question 2

Define
Assault
A O I A O A T A F T T P O A D O I O T B A A O G T A S F T T P O A I T P M T T H O C T O T B O R G T T H T P A T E T P

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.

Question 3

Define

Another person

Answer 3

It has to be another person other than the offender

Question 4

Define

Using anything as a weapon

Answer 4

An object of some sort, whether animate or inanimate, must be used as a weapon

Question 5

Define

Having anything with him or her in circumstances that prima facie show an intention to use of as a weapon

Answer 5

An object of some sort, wether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.

Question 6

Give an example of a direct application of force

Answer 6

Someone punches another person.

Question 7

Give an example of

Indirect assault

Answer 7

Someone tried to enter a room to assault another person. That other person jumped out the window and injured themselves.

Question 8

Give an example of

Transferred malice

Answer 8

A person went to strike his wife, she ducked and the person struck another person. The same intent of assault is present but now transferred to the other person, not his wife.

Question 9

Give an example of

Conditional assault

Answer 9

A person threatens to assault another person and the threat is accompanied by an act or gesture, but the person says to the other person you won’t be assault unless you leave the property.

Question 10

Define implied consent

Answer 10

There was a consent to assault e.g. Shaking hands.

Question 11

List the act an section that confers legal justification for the use of force and give an example of each.

Answer 11

S39 gives a constable or other person the power to use force in making a arrest

S40 gives authority for police to use force to stop a person escaping