Assault Flashcards
what sort of offence is an assault?
summary offence
what part of the law is assault set out in?
s39 criminal justice act 1988
what is the max sentence for a summary case?
6 months
where are summary offences heard?
magistrate’s court
what is the definition of assault?
The D intentionally or recklessly causes the victim to apprehend immediate unlawful violence
What is the actus reus of assault?
causing the victim to apprehend an immediate infliction of unlawful violence’
What is the mens rea of assault?
Intentionally or recklessly causing the victim to apprehend an immediate infliction of unlawful violence
what does apprehend mean?
to fear
what does immediate mean?
imminent
what is a case for definition of immediate?
smith
case for silence amounting to an assault?
Ireland
case for threatening actions?
stephen v meyers
what case was the mens rea explained in?
savage
what does the case of savage explain
There must be direct/indirect intention to cause immediate, unlawful fear in V or subjective recklessness
what is another case you can use for intention?
Mohan
desire to bring about the prohibited consequence.
