1 NFOAP Flashcards
s.2 Assault Definiton
“Directly applying force causing impact or the apprehension of impact
DPP v K
s.2 - “Has to be inflicted directly”
R v Thomas
case which illustrates the level of force/impact for a s.2 assault
R v Ireland
apprehension of force - silent calls
what is the test for s.2 assault
Objective test - reasonable person
s.3 assault
assault causing harm
Minister for Justice v Dolny
level of harm is set to the dictionary definition
R v Dhaliwal
allows psych injury to fall into s.3 as harm
DPP v Brown
degree is lower than serious - 10 year sentence
s.4 assault
assault causing serious harm
what is involved in s.4 assault
intent/recklessness
r v mowatt
foreseeability of harm is sufficient
Defences to Assault charges
Consent - PVQ, not a defenmce if harm is serious
what is in s.22 of NFOAP
Exceptions to the defences of consent
s.6 nfoap
syringe offences