ASSAULT Flashcards
(7 cards)
assault
the intentional or reckless application of force or threat of force to the body of another without a lawful excuse
elements of assault
-was the victim injured?
-did the accused cause the injury?
-was there intention?:
.reckless
.intentional (repeated actions)
.negligent
defences to assault
-duress
-automatism
-consent
-self defence
consent
if the victim consented to injury
e.g sporting events - victim knows the risk
medical procedure
daily life
self defence
-threat of harm existed
-the accused actions were a reasonable response (subjective test= personal factors)
-actions were the only way to avoid harm
sentencing factors
mitigating factors- decrease culpability
aggravating factors- increase culpable
impacts of a crime
-psychological
-social
-economic
-political
-legal