Assault Flashcards
What is the definition of assault
Intentionally or recklessly make V apprehend immediate unlawful violence
What case supports the definition of assault
Fagan v MPC
Under what section and law will assault be found
S39 criminal justice act 1988
What are the 3 things that must be proven fir the actus reus of assault
Apprehend, immediate and unlawful violence
What do you not need to prove for assault and battery
Causation
What does apprehend mean
The victim has an awareness of general violence
What case supports apprehend
Smith v Supt of Woking
What is the definition of immediate
Violence must occur within a reasonable amount of time
What came supports immediate
Smith v Supt of Woking
What is the definition of unlawful violence
Violence can be apprehended by V due to words, gestures and other means
What cases states silent phone calls can amount to unlawful violence
Ireland
What case states that threatening letters can amount to unlawful violence
Constanza
What cases states that words can nullify an assault
Tuberville v Savage
What is the mens rea of assault
D has the intention or recklessness to make the victim apprehend immediate unlawful violence