Assault Flashcards
Which act is assault under?
s39 Criminal Justice Act 1988
What are the steps for assault?
Actus reus
Act/words/silence
Continuing act
Apprehend immediate application of unlawful force
Causation
Was force possible to apply
Cancel out effect
Mens rea
Direct/indirect intention, recklessness
Which case shows an action being an assault?
Smith v Woking Police
Which case shows words being an assault?
R v Constanza
Which case shows silence being an assault?
R v Ireland
What must silence convey for it to be an assault?
A message (which makes them apprehend force)
Which case shows the victim must apprehend immediate force?
R v Lamb
What is the cancelling out effect?
If words counter an action or silence or other words it is not a threat (e.g. I would punch you but I won’t because of x)
Which case shows words can cancel out an action?
Tuberville v Savage
Which case shows words are not always successful at cancelling out an action?
R v Light
Which case shows the mens rea of assault?
R v Savage
What is the actus reus for assault?
Causing the victim to immediately apprehend the application of unlawful force
What is the mens rea for assault?
Intention or recklessness to cause the victim to immediately apprehend the application of unlawful force
What is the maximum sentence for assault?
6 months
What is the maximum fine for assault?
£5000
