Assault Flashcards
1
Q
Type
A
Common law offence but sentenced in Criminal justice act 1988, 6 months 5K
2
Q
An act
A
actions - logdon
written word - constanza
silence - r v ireland
indirect threats - dume
continous acts - fagan
3
Q
causing the victim to apprehend
A
No fear means no assault - lamb
Victims must apprehend force - smith
4
Q
immediate
A
smith - means imminent not instantaneous
Tuberville - words can demonstrate threat is not immediate
5
Q
Unlawful force
A
not arrest or sporting situations
6
Q
Mens rea
A
Intent or subjective recklessness to cause victim to fear infliction of force (cunningham)
