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7.4.8.2 - Checklist: Application of Force

Click here to obtain a Word version of this document for adaptation.

 

[This checklist is based on an intentional assault. If recklessness is in issue it will need to be amended as necessary.]

 

Three elements that the prosecution must prove beyond reasonable doubt:

  1. The accused applied force to the body of the complainant; and
  2. The accused intended to apply force to the body of the complainant; and
  3. The accused acted without lawful justification or excuse.

 

Application of Force

1. Did the accused apply force to the body of the complainant?

If Yes, then go to 2

If No, then the accused is not guilty of assault

Intention

2. Did the accused intend to apply force to the body of the complainant?

If Yes, then go to 3

If No, then the accused is not guilty of assault

Lawful Justification or Excuse

3. Did the accused act without lawful justification or excuse?

If Yes, then the accused is guilty of assault

(as long as
you have answered yes to Questions 1 and 2)

If No, then the accused is not guilty of assault

 

Last updated: 2 May 2006

See Also

7.4.8 - Common Law Assault

7.4.8.1 - Charge: Assault - Application of Force

7.4.8.3 - Charge: Assault - No Application of Force

7.4.8.4 - Checklist: No Application of Force