Assault

Question 1

Collins v Wilcock 1984 defintion

Answer 1

An act which causes the victim to apprehend the inflcition of immediate unlawful violence

Question 2

R v Constanza 1997

Answer 2

Ex-Collegue sent v 800 letters threatening her
Court held that words alone can consitutue assault

Question 3

R v Ireland

Answer 3

HoL held that silent calls can amount to assault

Question 4

Logdon v DPP

Answer 4

D showed V a gun in his desk draw and said it was loaded - Although it was a fake it was not obvious
D convivted of assault

Question 5

R v Lamb

Answer 5

2 boys were playing with a revolver, there were two bullets in the chamber but niether lined up with the barrel, boys assumed gun would not fire. One pointed the gun at the other fired and killed him
As boys belvied gun would not fire there was no apprehnsion of violence - No assualt - no UDAM

Question 6

Smith v Cheif Super Woking Police Station

Answer 6

V a police woman saw a man staring at her from her garden.
D found guilty of assault as V feared immedidate physical violence due to the fear of what he might do next

Question 7

Tuberville v Savage

Answer 7

D put his hand on his sword in reponse to someones comment, by itself was enough to consitute an assault
D said “If it were not azzize time, i would not take such language from you”
Negated assault

Question 8

R v Light

Answer 8

D held a sword above his wifes head and said “were it not for the bloody policeman outside, id split your head open”
Negated assualt

Question 9

R v Venna

Answer 9

D kicked police officer whilst being arrested. appealed agaisnt conviction as ABH required malice.
CoA held all these offences committed require the Mens Rea of Intention or Recklessness

Question 10

R v Sprat

Answer 10

CoA held that the subjective test of recklessness applies here in that D had to be aware of the risk causing another person to apprehend violence

Question 11

R v Majewski

Answer 11

D commits offence whilst intoxicated he is considered reckless