1

Question 1

Which section of which act?

Answer 1

S39 Criminal Justice Act 1988

Question 2

Step 1:

Answer 2

An act - must be some acts or words cannot be an omission.

Question 3

Letters + phone calls are sufficient

Answer 3

Constanza

Question 4

Silent phone calls are sufficient

Answer 4

Ireland

Question 5

Definition:

Answer 5

An act which causes the victim to apprehend the infliction of immediate unlawful force with either an intention to cause another to fear personal violence or recklessness as to whether such fear is caused

Question 6

Step 2:

Answer 6

Causes the victim to apprehend immediate unlawful force

Question 7

What does immediate mean?

Answer 7

Does not mean instantaneous but imminent.

Smith V chief (looking through D’s window)

Question 8

Words can negate fear - but in this case they didn’t.

Answer 8

Light - as D still held a sword about V’s head

Question 9

Step 3:

Answer 9

Mens rea - intention to cause another to fear immediate unlawful force or recklessness as to whether force is applied

Question 10

D must realise there is a Rick that his act could cause another to fear violence to have mens rea of recklessness

Answer 10

Cunningham

Question 11

What offence?

Answer 11

Common Assault