Elements of Assault (Common)

Elements for all 3 ways to commit a common assault are…

• Date, Time and Location of Assault
• Identification of the Accused
• Address Use of Force Factors contained in Section 34 CCC
  • Use of Force Factors – Section 34
  • Use of Force Factors – Plain English
  • Pay Particulate attention to the Victims role in the incident
  • Provocation and Consent are often raised at trial
• Drug or Alcohol Involvement (all parties)

If the assault was committed by virtue of …

• Non-Consensual Application of Force – paragraph (a)
  • Evidence the Victim did NOT Consent
  • Documentation of Injuries –
  • Who observed the injuries, where are the observations documented
• Assault by Act or Gesture – paragraph (b)
  • Evidence of Intent to Assault
    • Evidence the Accused attempted to assault the victim or
    • The accused threatened  by acts or gestures to assault the victim(s)
    • Evidence the Accused had the ability to carry out the threat
      • Describe the physical capabilities of the accused.
      • What did the victim believe about the capabilities of the accused to carry out the threat?
• Assault by Accost, Imped or Beg with Weapon – paragraph (c)
  • Describe the “Accosting”, “Impeding” or “Begging” words and actions of the accused
  • The Accused was wearing a “weapon” that was “openly” visible to the victim(s)

Links:
Statutory Wording for Common Aslt
Factors from Section 34 in Plain English