Meaning of Assault by Andrew O. Eze

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ASSAULT

     An assault means “to create or put fear in the life of somebody, either with your hand or an object, or it could be stick or wood or an iron or knife or cutlass or pointing gun to someone.’’ (Israel, 2009:63). According to Heywood (2007:275), “an assault is an act that create on a person’s mind a reasonable fear that he is about to suffer physical injury or some bodily harm.”

      According to the Criminal Code Act Chapter 77 the Laws of the Federal Republic of Nigeria 1990 Section 253, “an assault is unlawful, and constitutes an offence unless it is authorized or justified or excused by law.” Also the punishment for assault is explicitly stated in the aforementioned Criminal Code, Section 351, as thus: “any person who unlawfully assaults another is guilty of a misdemeanor, and is liable for imprisonment for one year.”
Section 352 added that:

“Any person who assaults another with intent to have carnal knowledge of him or her against the order of nature is guilty of a felony, and is liable to imprisonment for fourteen years.”

More so, section 353 says that:
“Any person who unlawfully and indecently assaults any male person is guilty of a felony, and is liable to imprisonment for three years. The offender cannot be arrested without warrant.”

    Heywood (2007) offered distinction between assault and battery as thus: assault is the act of intentionally putting imminent danger while battery is the act of intentionally applying force on another person. According to him the two are both torts (civil wrong) and crime (criminal act).

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