Assault Flashcards
What are thee two ways of committing common assault? (2)
-assault
-battery.
What are both battery and assaut convictions charged under? (1)
S39 criminal justice act 1988
What is the maximum punishment for both assault and battery? (2)
-6 months imprisonment
-£5,000 fine
-or both
Define assault. (1)
An act which causes the victim to apprehend the infliction of immediate unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
What words come under the actus reus of assault? (5)
-‘cause’
-‘apprehend’
-‘immediate’
-‘unlawful’
-‘force’
Describe the meaning of ‘an act’ in terms of the assault actus reus. (2)
-an assaut requires some acts or words. (Omission is no sufficient to constitute assault).
-can be in the form of words or silent telephone calls.
What case can be used to show the meaning of ‘an act’, in terms of the actus reus for assault? (2)
R v Constanza (1997) threatening letters and phone calls to the victim (800)
R v Ireland (1997) silent telephone calls to the victim.
What did R v Nelson (2013) say in terms of ‘cause’ for the actus reus of assault?
‘What is required for the common assault is for the defendant to have done something of a physical kind which causes someone else to apprehend that they are about to be struck’
What is meant by ‘apprehend’ in terms of the actus reus for assault?
The victim must apprehend that immediate force is going to be used against them, no assault where it is obvious that the defendant cannot actually use force.
What cases can be used to show ‘apprehend’ in terms of the actus reus of assault? (2)
R v Lamb (1967) pointed unloaded gun at someone who knows its loaded is not assault as they do not apprehend force.
Logdon v DPP (1976) D showed V a gun that he knew was unloaded by the V didn’t and threatened to take her hostage, conviction for assault was upheld because the victim apprehended force.
What is meant by ‘immediate’ in terms of the actus for assault? (1)
‘Immediate does not mean instantaneous but imminent.
What cases show ‘immediate’ in terms of the actus reus for assault? (2)
Smith v chief superintendent of Woking police station (1983) D broke into a garden and watched through Vs window, V was terrified and thought d was doing to enter the room, no attack could be made at that moment but the victim was frightened by his conduct, fear of what he might do next was sufficiently immediate for the purposes of the offence.
What may prevent an act of assault? (1)
Words indicating that there will be no violence may prevent an act of being assault. Tuberville v savage (1669).
What occurred in tuberville v savage (1669)? (2)
The defendant placed on hand on his sword and said, ‘if it were not assize time, i would not take such language from you’ held not to be assault because he was not going to do anything.
When may an act be considered assault even if the defendant has given verbalisation that they will not do something? (1)
When the victim fears that force is going to be used in the circumstances words were not enough to negate that fear.
R v Light (1857)
What occurred in R v Light (1857)? (2)
The defendant raised his sword above he head of his wife and said ‘were it o for the bloody policeman outside, i would split your head open’ held that this was assault because the wife feared that force was going to be used on her.
What is meant by ‘force’ in terms of the actus reus of assault? (2)
-thee force which is threatened must be unlawful, if it is lawful then there is no assault.
Can be any unwanted physical touching.
What cases can be used for ‘force’ for the actus reus of assault? (3)
R v Ireland (1997)
R v Coonstanza (1997)
R v Barstow (1997)
