Definition
The Assault Monument
Assault = unlawful + intentional + application of force OR apprehension of immediate force.
Assault consists of the unlawful and intentional application of force to another person, or inspiring a belief that such force is immediately to be applied.
Unlike Murder
Death is absent. The protected interest is bodily integrity — the right to be free from unlawful contact and the fear of such contact.
Intention
Assault is an intentional crime. Negligent infliction of force is not assault — it may be relevant to another charge, but not assault.
Assault by Contact
Avenue 1: Contact
Actual application of force to another person.
The Bronze Fist
Punching, slapping, kicking, pushing, even spitting — any unlawful intentional contact with another person's body.
Force Includes
- Direct physical contact (punching, kicking)
- Indirect force (throwing an object that hits the victim)
- Chemical or thermal force (pouring acid, burning)
- Directing an animal to attack
The force must be directed at the victim's body (including objects closely associated with the body, such as clothing being worn).
Exam trap: assault does not require injury. Even the slightest unlawful application of force with the required intention constitutes assault.
Assault by Threat
Avenue 2: Threat
Creating a reasonable apprehension of immediate force — without actual contact.
The Masked Threatener
The victim believes with reasonable grounds that force is about to be applied. No actual contact is needed — the fear is the harm.
Requirements: (1) the accused's conduct must inspire a belief that immediate force will be applied; (2) the belief must be reasonable; (3) the force must appear imminent.
Examples
- Raising a fist to strike, stopping short
- Pointing a loaded (or apparently loaded) gun
- Advancing menacingly with a weapon
- Threats accompanied by the means to carry them out immediately
Exam trap: future threats ("I will assault you tomorrow") are insufficient. The apprehension must be of immediate force.
GBH
The GBH Fortress
Assault with intent to cause grievous bodily harm — a more serious form.
The Injury Inspector
Assault GBH requires: assault (contact or threat) + intention to cause grievous (serious) bodily harm. The harm itself need not actually occur if the intention is established.
Factors for Seriousness
- Nature and extent of the injury or intended injury
- The weapon used
- The force applied
- The circumstances of the attack
Comparison Wall
- ASSAULT: Any force or apprehension + intention
- ASSAULT GBH: Assault + intention to cause serious harm
- CULPABLE HOMICIDE: Death + negligence
- MURDER: Death + intention
The intent to cause GBH must be specific. Recklessness about the degree of harm, combined with dolus eventualis as to GBH, may suffice.