proving guilt 4 awsssualt Flashcards
(7 cards)
deffinition of assualt
The intentional or reckless application of force, or threat of force, to another person’s body without lawful excuse.
what is the casuation in assualt
There must be a connection between the act/omission and the injury.
The accused’s conduct must be a substantial and operating cause of the victim’s injury.
An objective test is used (no major intervening event).
Mental States - what must the prosecution must prove
The prosecution must prove one mental state beyond reasonable doubt.
Options include: Intentional, Reckless, or Negligent
Mental State: Intentional
The accused intended to cause harm to the victim.
It is not enough to prove they just intended the act — harm must be the goal.
Mental State: Reckless
The accused foresaw the risk of injury but acted anyway.
“I know this may cause injury, but I don’t care.”
They could foresee injury
They acted regardless
Mental State: Negligent
The accused’s conduct grossly fell short of what a reasonable person would do.
There was a high risk of injury, and they didn’t care.
“No intent to harm, just extreme carelessness.”
what are the elemeents of assuqaalt
The accused intentionally or recklessly caused the victim’s injury
The accused completed the physical act of the offence, and this act caused the injury to the victim.
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pross must prove the elements beyond reasonable doubt