***Common Assaults & Battery Flashcards

1
Q

What are the TWO types of COMMON ASSAULT?

A

Battery and Assault

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2
Q

What is an ASSAULT?

A
An assault is when a person
> intentionally/recklessly
> causes another
> to apprehend
> immediate/unlawful
> personal violence
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3
Q

What does apprehend mean?

A

The victim must be aware of the threats and/or gestures

They must actually fear immediate and unlawful violence

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4
Q

What are the TWO defences for assault?

A

Consent

Legal justification

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5
Q

What is BATTERY?

A

A battery is where a person
> intentionally / recklessly
> applies unlawful force*
> to another

  • includes contact to the slightest degree
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