Assault

Question 1

Which Act?

Answer 1

s.39 Criminal Justice Act 1988

Question 2

Definition under s.39

Answer 2

“an act which causes the V to apprehend the infliction of immediate unlawful force, with either intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused”

sentence = max 6 months imprisonment, fine (or both)

Question 3

AR of assualt

Answer 3

1. An act
2. Apprehension
3. Unlawful force

Question 4

1. An Act

Answer 4

requires some act or words (verbal or written) - omission is NOT sufficient

• R V Misalati - spitting
• Constanza - written letters

Slience can amount to Assault
- R V Irelanilent phone calls

Question 5

2.Apprehension

Answer 5

> V must have a general awareness of violence
feeling of imminent danger
threats of future violence will not amount to assault

-R V Lamb
-Longdon V DPP
-Smith V Chief Superintendent of Woking Police

Question 6

R V Lamb

Answer 6

2 boys playing with gun, chamber turned, D shot V
No apprehension of unlawful violence, neither D or V believed that the gun would go off

Question 7

Longdon V DPP

Answer 7

D pointed imitation gun at vwoman jokingly, then told her it wasn’t real
= assault committed because D had apprehended unlawful personal violence

Question 8

Smith V Cheif Superintendent of Woking Police

Answer 8

D (police officer) broke into garden at 11pm, terrified V who looked out the window, though he would try to enter

Question 9

3. Unlawful Force

Answer 9

-no permission from V
-violence must be personal
-beyond the accepted norms of everyday conduct

WORDS MAY CANCEL OUT THE ASSAULT/UNLAWFUL FORCE;

Tuberville V savage
R V Light

Fear of force can be indirect
R V Dume

Question 10

MR of assault

Answer 10

intent to cause fear/apprehend unlawful personal violence or reckless as to causing fear of unlawful personal violence

Question 11

Specific intent

Answer 11

D intents to assult
Mohan

Question 12

Oblique intent

Answer 12

D intends one consequence but brings out a different one;
R V Maloney
R V Woolin
R V Nedrick
Mattews and Allyene

Virtually certainty test

Question 13

Recklessness

Answer 13

…as to whether such fear is caused

lack of regard for the concequence
D knows theres a risk, but still decides to take that risk

R V Cunningham

Question 14

Transferred malice

Answer 14

D intends to commit a crime but against another

R V Latimer

Question 15

Continuing act

Answer 15

Fagan