OVM2602
Assignment 2
2026
, OVM2602 Assignment Answers 2026
QUESTION 1: Common Assault [8]
Common assault is a form of assault that occurs when a person applies actual force to
the body of another individual. Unlike aggravated assault, common assault is generally
not accompanied by aggravating circumstances such as the use of a dangerous
weapon or the infliction of serious bodily injury, making it typically regarded as the less
severe form of assault.
The force involved in common assault does not need to reach any particular degree of
violence. Even the slightest physical contact with another person may be sufficient to
constitute the offence. This principle was confirmed in the case of R v M 1961 (2) SA 60
(O), where the court held that merely touching a person without consent is sufficient for
a conviction of assault no significant degree of force is required.
Common assault may consist of any of the following aspects. First, it may take the form
of indirect assault, where the offender causes harm without physically touching the
victim. An example would be placing a toxic substance in another person's drink.
Second, it may take the form of minor assault, such as pulling a chair from beneath a
person who is about to sit down, which causes the person to fall. Third, common assault
may also be committed by means of a threat, for instance, threatening to stab another
person with a knife if a certain demand is not met.
The essential elements that must be present for common assault to be established are
the intention to harm another person, the present ability to commit the act, and the
commission of an open act directed towards carrying out that intention. These elements
are central to proving the offence in court, and the investigating officer must ensure that
each element is sufficiently supported by evidence gathered during the investigation.
Assignment 2
2026
, OVM2602 Assignment Answers 2026
QUESTION 1: Common Assault [8]
Common assault is a form of assault that occurs when a person applies actual force to
the body of another individual. Unlike aggravated assault, common assault is generally
not accompanied by aggravating circumstances such as the use of a dangerous
weapon or the infliction of serious bodily injury, making it typically regarded as the less
severe form of assault.
The force involved in common assault does not need to reach any particular degree of
violence. Even the slightest physical contact with another person may be sufficient to
constitute the offence. This principle was confirmed in the case of R v M 1961 (2) SA 60
(O), where the court held that merely touching a person without consent is sufficient for
a conviction of assault no significant degree of force is required.
Common assault may consist of any of the following aspects. First, it may take the form
of indirect assault, where the offender causes harm without physically touching the
victim. An example would be placing a toxic substance in another person's drink.
Second, it may take the form of minor assault, such as pulling a chair from beneath a
person who is about to sit down, which causes the person to fall. Third, common assault
may also be committed by means of a threat, for instance, threatening to stab another
person with a knife if a certain demand is not met.
The essential elements that must be present for common assault to be established are
the intention to harm another person, the present ability to commit the act, and the
commission of an open act directed towards carrying out that intention. These elements
are central to proving the offence in court, and the investigating officer must ensure that
each element is sufficiently supported by evidence gathered during the investigation.
