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7.4.9.2 - Checklist: Assault with Intent to Commit an Indictable Offence

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

[This checklist is based on an intentional assault involving the application of force. If the assault in issue involved a threat to apply force, or the reckless application of force, it will need to be amended as necessary.]

 

Five 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 [insert one or more of the following: injure the complainant, inflict pain, cause discomfort, cause damage, cause insult or deprive the complainant of liberty]; and
  3. The accused’s actions resulted in the complainant being [insert one or more of the following: injured, caused pain, caused discomfort, damaged, insulted or deprived of liberty]; and
  4. The accused acted with an intention to commit the indictable offence of [insert offence]; and
  5. The accused acted without lawful 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 [insert one or more of the following: injure the complainant, inflict pain, cause discomfort, cause damage, cause insult or deprive the complainant of liberty]?

If Yes, then go to 3

If No, then the accused is not guilty of assault

Result of Accused’s Actions

3. Did the actions of the accused result in the complainant being [insert one or more of the following: injured, caused pain, caused discomfort, damaged, insulted or deprived of liberty]?

If Yes then go to 4

If No, then the accused is not guilty of assault

Indictable Offence

4. Did the accused act with an intention to commit the indictable offence of [insert offence]?

If Yes, go to 5

If No, then the accused is not guilty of assault

Lawful Excuse

5. Did the accused act without lawful excuse?

If Yes, then the accused is guilty of assault (as long as
you have answered yes to Questions 1, 2, 3 and 4)

If No, then the accused is not guilty of assault

 

Last updated: 2 May 2006

See Also

7.4.9 - Statutory Assault

7.4.9.1 - Charge: Assault with Intent to Commit an Indictable Offence (s31(1)(a))

7.4.9.3 - Charge: Assaulting an Emergency Worker, Youth Justice Custodial Worker or Custodial Officer on Duty (Police Officer) (s31(1)(b))

7.4.9.4 - Checklist: Assaulting a Member of the Police Force

7.4.9.5 - Charge: Resisting/Obstructing an Emergency Worker, Youth Justice Custodial Worker or Custodial Officer on Duty (Police Officer) (s31(1)(b))

7.4.9.6 - Checklist: Resisting a Member of the Police Force

7.4.9.7 - Checklist: Obstructing a Member of the Police Force

7.4.9.8 - Charge: Resisting Arrest (s31(1)(c))

7.4.9.9 - Checklist: Resisting Arrest