Assault Flashcards
Assault act
S.39 Criminal Justice Act 1988
Nelson
Something of a physical kind which causes someone else to apprehend that they are about to be struck
Ireland
Any act that intentionally or recklessly causes the victim to apprehend immediate or unlawful violence
Ireland
Silence can qualify
Constanza
Words alone qualify
Tuberville v Savage
Words can negate an assault
What can amount to an assualt
-Apprehension of unwanted touch
- Making threats
Lamb
Apprehend should have the same meaning as anticipate
V does not have to fear violence just believe it is going to happen
Burstow
There only has to be the possibility of an immediate attack, it does not need to be rational
Smith v Superintendent of Woking Police Station
‘V did not know what D was going to do next, but whatever he was going to do was something of a violent nature’
Mens Rea
Savage
Intentionally or recklessly causing v to apprehend immediate and unlawful violence