Assault

Question 1

Assault

Answer 1

The intentional or reckless use of force or the threat of force against another person without a lawful excuse
Some assaults are direct (e.g. involving a push,
punch or physical blow) while others are indirect (e.g. involving an object being thrown or spitting).

Question 2

A serious threat

Answer 2

It can also be an indictable offense; for example, a threat to kill or inflict serious injury. Less serious threats or minor
assaults will be dealt with as summary offenses.

Question 3

A threat or an attempt to use force against another

Answer 3

Physical contact not required. The victim must think that the threat will be carried out immediately.

Question 4

Element 1 Actus rea

Answer 4

● The accused assaulted or beat another person – that is, the person applied force, or threatened to apply Force.
● This means that an assault can be either a threat of force or actual physical force. This force does not need to be violent,

Question 5

Element 2

Answer 5

● The application or threat of force was intentional or reckless
● This means that at the time of the assault, the accused intended to deprive the complainant of liberty, or cause discomfort, insult, damage, injury or pain

Question 6

Element 3

Answer 6

● There was no lawful justification or excuse.
● This means that the person who committed the assault did so without any authority, or beyond the level authorized by the law

Question 7

Possible defenses to assault

Answer 7

●	There was no intention or reckless conduct
●	There was no force or threat of force. 
●	Mistaken identity 
●	Consent
●	Lawful correction of a child
●	Lawful arrest
●	Self-defense
●	Mental impairment
●	Duress
●	Sudden or extraordinary emergency
●	Involuntary actions. 
●	Accident   
●	Automatism

Question 8

Statute law

Answer 8

● Assault or threatening to assault while committing an indictable offense.
● Resisting an emergency worker or custodial
● Obstructing an emergency worker
● The direct or indirect application of force - No threats
● Assault with intent to harm or injure the victim with the application of force resulting in pain or damage.
● No lawful excuse

Question 9

Explain why assault can be classified as either a summary offense or an indictable offense.

Answer 9

Depending on the nature of the assault the offense can either be dealt with summarily or as an indictable offense.

Question 10

An assault dealt with summarily

Answer 10

● An assault dealt with summarily could be due to the fact that there were no life-threatening injuries or severe damage to the victim’s body. The assault can be direct (Physical force involving the accused to hit the complainant) - Does not have to result in injuries, or indirect ( intentionally throwing an object at the person).

Question 11

Indictable assault

Answer 11

● Indictable assault is primarily when an application of direct or indirect force was physically carried out during another indictable offense.

Question 12

Explain two ways in which a person can commit a common law assault. What elements need to be proved in each situation?

Answer 12

A person can commit common law assault by the direct application of force (Physical force involving the accused to hit the complainant) - Does not have to result in injuries, or indirect ( intentionally throwing an object at the person).

-A threat to apply force to the complaint can be classified as an assault if the complainant believes that the threat was immediate. Direct words can not be classified as an assault unless an unpleasant gesture was carried out.

Question 13

Why is the term ‘battery’ almost now obsolete as a legal term?

Answer 13

In some jurisdictions, assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while the battery is the actual physical impact on another person. The use of Battery was ambiguous as a legal term which resulted in the word being obsoleted.

Question 14

Distinguish between self-induced intoxication and not self-induced intoxication.

Answer 14

• Self-induced intoxication is the voluntary act of drinking alcohol
• Not self-induced intoxication is the involuntary act of drinking alcohol.

Question 15

Argue whether a defense to assault applies in each circumstance.

-A. A paramedic is kicked by a patient who is having an
epileptic fit.

Answer 15

In this case, the conduct will not be classified as an assault as the patient was acting as automation (not in control of their actions at that moment).

Question 16

Argue whether a defense to assault applies in each circumstance.

• A five-year-old child has a tantrum in a
  supermarket. The mother smacks the child’s bottom
  twice with an open hand.

Answer 16

The law accepts the parent’s actions to correct their child to a certain extent. In this case, the mother’s actions will not be classified as an assault for her actions were not done with extreme force.