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7.4.8.4 - Checklist: No Application of Force

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

Four elements that the prosecution must prove beyond reasonable doubt:

  1. The accused acted in the way alleged; and
  2. The accused intended to cause the complainant to apprehend the immediate application of force to their body; and
  3. The accused’s actions caused the complainant to apprehend the immediate application of force; and
  4. The accused acted without lawful justification or excuse.

 

Application of Force

1. Did the accused act in the way alleged by the prosecution?

If Yes, then go to 2

If No, then the accused is not guilty of assault

Intention

2. Did the accused intend to cause the complainant to apprehend the immediate application of force?

If Yes, then go to 3

If No, then the accused is not guilty of assault

Effect on the Complainant

3. Did the accused’s actions cause the complainant to apprehend the immediate application of force?

If Yes, go to 4

If No, then the accused is not guilty of assault

Lawful Justification or Excuse

4. 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, 2 and 3)

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

7.4.8.2 - Checklist: Application of Force

7.4.8.3 - Charge: Assault - No Application of Force