Assault Flashcards
R v Lamb
Two friends unaware of the workings did not appreciate the danger. No assault as no fear.
R v Misalti
D racially and verbally abused staff at job centre staff feared violence
Chambers v DPP
D sent twitter messages when his flight was delayed said he’d blow up airport no fear as joke
R v Ireland
Spam silent phones calls
R v Costanza
800 threatening letters
Tuberville v Savage
Put his hand on sword but said he wouldnt use it at the same time. Words can cancel an assualt
Smith v Superintendent, Woking police station
Lady saw d standing in garden staring at her through window. Fear of the possibility of immediate force
R v Cunningham
see the risk and take it anyway. Broke gas meter
What Section, Act and year is assault charged under?
S.39 Criminal Justice Act 1988
What are the maximum liabilities for assault?
Up to £5000 fine or imprisonment not exceeding 12 months or both
What is the definition of Assault?
To intentionally or recklessly cause the apprehension of immediate force?
What case is used when defining recklessness?
R v Cunningham (removed gas metre) see the risk and take it anyway
What case proves a victim can fear the possibility of immediate force
Smith v Chief Superintendent of Woking Police Station (Lady saw man out window)
What case proves that there is no assault if a statement is a joke?
Chambers v DPP