Elements of assault
Assaults
Another person
Act and section
Crimes act 1961, section 196
Or summary offenses Act 1981, section 9
Penalty
Crimes act - 1year imprisonment
Summary offenses Act- 6 months imprisonment or $4000 fine
Doctrine of transferred malice
If a person intends to assault someone and trys to assault them but misses and hits someone else. This is still assault
Assaults
This show they intentionally applied or attemped to apply force to another person, directly or indirectly.
Or
This shows they threatened to apply force by an act or gesture, and the person believes on reasonable grounds that they have the ability to apply that force
Another person
This shows was another person other than the suspect