Assault

Question 1

What is Assault charged under?

Answer 1

S39 Criminal Justice Act 1988

Question 2

Brief overview of Assault?

Answer 2

-Summary offence.
-Magistrates court
-Max of 6 months prison

Question 3

What is the MR of assault?

Answer 3

The intention or recklessness to bring about the apprehension of immediate and unlawful physical violence.

Question 4

What is the AR of assault?

Answer 4

The D must cause the V to apprehend immediate unlawful physical violence.

Question 5

What case applies to the MR of assault?

Answer 5

-R V Savage.

Question 6

What cases apply to the AR of assault?

Answer 6

-R V Constanza.
-Smith V CS of Working Police
-R V Logdon
-R V Ireland

Question 7

R V Savage (MR)

Answer 7

-Not necessary to demonstrate the MR for the harm inflicted.

-Sufficient to foresee some harm

Question 8

R V Constanza?

Answer 8

-Words alone/ silent phone calls.

-Believed anything could happen at any time.

Question 9

Smith V CS of Working Police?

Answer 9

-General apprehension of violence sufficient

-(Staring through the windows case).

Question 10

R V Logdon?

Answer 10

-victim had apprehended immediate physical violence

-defendant had been at least reckless to this

-even if joking. Words and actions.

Question 11

R V Ireland

Answer 11

-silence enough to be ABH
-proximity to the defendant irrelevant

-silent phone calls case

Question 12

Structure of Assault questions?

Answer 12

-identify and explain offence.
-Mens rea
-Actus Reus