Assault

Question 1

Charged under

Answer 1

s39 Criminal Justice Act 1988

Question 2

Definition (case)

Answer 2

“The intention or recklessness to cause the victim to apprehend immediate, unlawful violence”
(R v Venna)

Question 3

Maximum sentence

Answer 3

6 months in prison
£5000 fine

Question 4

AR (1/3) Apprehension
(case)

Answer 4

No need to prove fear
(R v Lamb) - playing with revolver
No apprehension = no assault

Question 5

AR (2/3) Immediacy
(case)

Answer 5

Does not need to be instantaneous but some time in the near future.
(Smith v Chief Constable of Woking)

Question 6

AR (3/3) Unlawful force
(5 cases)

Answer 6

(R v Constanza) - words alone (800 letters)
(R v Ireland) - silence (silent phone calls)
(R v Logdon) - threat doesn’t need to be real (fake gun)
(Tuberville v Savage) - words can negate an assault
(R v Wilson) - threat of physical force

Question 7

MR (case)

Answer 7

(Fagan v MPC)
Intention or subjective recklessness to cause a victim to apprehend immediate, unlawful force.