proving guilt 4 awsssualt Flashcards

(7 cards)

1
Q

deffinition of assualt

A

The intentional or reckless application of force, or threat of force, to another person’s body without lawful excuse.

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2
Q

what is the casuation in assualt

A

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).

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3
Q

Mental States - what must the prosecution must prove

A

The prosecution must prove one mental state beyond reasonable doubt.
Options include: Intentional, Reckless, or Negligent

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4
Q

Mental State: Intentional

A

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.

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5
Q

Mental State: Reckless

A

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

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6
Q

Mental State: Negligent

A

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.”

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7
Q

what are the elemeents of assuqaalt

A

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.
\
pross must prove the elements beyond reasonable doubt

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