Kinesiology 4473A/B Lecture Notes - Lecture 3: Transferred Intent
13 Jan 2020
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Assault: the threat of an immediate battery. Battery= direct intentional and physical interference with the person of another that is either harmful or offensive to a reasonable person. Defendant knew/show know that a reasonable person would deem their actions indicative of imminent harm. Assault examples point a gun, chasing someone with a skunk. Battery examples: shooting, stabbing, hitting, grabbing: doesn"t necessarily need to be physical contact (i. e. spitting, pushing, grabbing someone"s belongings ) Transferred intent: handles gray areas: people with intent to harm but don"t execute well and end up hurting others in the process, the intention of the harm was transferred onto the new accidental victims. An individual must be conscious of their act. Up to the defendant to demonstrate that the act was involuntary. Low capacity examples: infancy, psychological disability, defendant doesn"t understand their act. May be too young psychologically/physically to be capable of understanding.
