Assault Flashcards
What is a common law offence ?
Where the definition comes from case law
What is common assault made up of ?
Assault and battery
Define assault
An act which causes the victim to apprehend the infliction of immediate unlawful force
If the force is lawful can there be an assault ?
no
What does the Mens Rea of assault include ?
intentention or recklessness to cause another to fear immediate unlawful force
What kinds of act constitute an assault ?
raising a fist as if to hit someone
Throwing something that misses
Pointing a weapon at someone
Any threat of any kind
does immediate force mean instantaneous ?
no
How serious does the violence in a threat have to be to constitute an assault ?
Fear of any unwanted touching of any degree is enough
What happened in the case of R V Lamb (1967) ?
Two boys were playing with a revolver with two bullets in the chamber, but they believed it wouldn’t fire, one died
