Assault Flashcards
Where is assault defined?
Case law: Fagan v MPC
What type of offence is assault?
A summary offence
What’s the maximum punishment for assault?
6 months imprisonment and/or a fine of £5,000 (set out in statute under s.39 Criminal Justice Act 1988)
What is the definition of assault?
An act which causes V 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 are the AR’s of assault:
- An Act (Logdon) (Constanza) (Ireland)
- Which causes V to apprehend (Lamb)
- Immediate (Smith)
- Unlawful
- Force (Collins v Wilcock)
What does the case of Tuberville v Savage tell us?
That words indicating there will be no violence may prevent an act from being assault.
What does the case of R v Light tell us?
That V must believe the words of D to amount assault.
What are the MR’s for assault:
- Intention (Mohan)
OR - Recklessness (Cunningham)
As to whether V apprehends the infliction of immediate unlawful personal violence
What does the case of Smith v Chief Superintendent of Woking Police Station tell us?
The word ‘immediate’ does not mean instantaneous but imminent.
V does not have to know what D will do next, only that it is of a violent nature.
What does the case of Collins v Wilcock tell us?
The slightest touch can amount to ‘Force’
What does the case of Logdon tell us?
The actions of D must cause V to apprehend immediate unlawful personal violence even if there is no actual threat of violence.
What does the case of Constanza tell us?
Written or verbal words can amount to assault.
Derived from Obiter in R v Wilson.
What does the case of Ireland tell us?
Silence can amount to assault.
What does the case of Mohan tell us?
Intention is the decision (by D) to bring about the prohibited consequence.
Motive is only evidence of intention and not intention itself.
What does the case of Cunningham tell us?
Recklessness is where D foresees the risk and takes that risk anyway.
