Assault Flashcards
1
Q
Definition
A
Act casases victim to apprehend infliction of immediate unlawful force intention to cause fear of personal violence or recklessness to fear is caused
2
Q
Offence
A
Common law offence S39 CJA 1988
3
Q
AR
A
Must be an act.Omission cannot constitute an assault CONTANZA IRELAND
Fear of force must be immediate/Imminent SMITH V CWPS
Words that negate violence may prevent an assault being committed TUBERVILLE V SAVAGE
Force threatened must be unlawful force Lawful = no assault
4
Q
MR
A
Intention or recklessness to cause fear of immediate unlawful personal violence
Basic intent crime If D is intoxicated when he does AR he is considered as reckless