Assault Flashcards
1
Q
What section is the common law on common assault charged under
A
Section 39 of the criminal justice act 1988
2
Q
What is the definition of assault?
A
An intentional or reckless act which causes a person to apprehend (fear) the infliction of immediate unlawful force as in NELSON
3
Q
What is the actus reus of assault?
A
Is an act causing the apprehension fear of the infliction of immediate unlawful force
4
Q
What case defined the apprehension fear was of the infliction of immediate unlawful force
A
SMITH v CHIEF SUPERINTENDENT OF WOKING POLICE STATION
5
Q
What is the MR of assault?
A
Is intention or subjective recklessness as to causing someone fear apprehend unlawful force as in VENNA