Assault Flashcards
What is the actus reus of an assault?
The actus reus of an assault requires D to cause V to apprehend immediate, unlawful violence (Ireland)
How do we test if V has apprehended immediate unlawful violence?
It is a subjective test which depends on the reaction of V and not the actions of D (Logdon)
How do we establish if a threat is immediate?
The word immediate means imminent and not instantaneous (Smith v Chief Superintendent of Woking Police Station)
Can words negate a threat in an assault?
If D’s words negate the threat then there is no assault (Tuberville v Savage)
Can silence be classed as an assault?
Yes (R v Ireland)
What is the mens rea of an assault?
The mens Rea of an assault is direct intention (Mohan) or subjective recklessness (Cunningham) to cause V to apprehend immediate, unlawful violence (Savage)
What is direct intention in an assault?
When it was arguably D’s main aim or purpose to cause V to apprehend immediate unlawful violence (Mohan)
What is subjective recklessness in an assault?
D realised the risk of causing V to apprehend immediate unlawful violence but decided to take the risk anyway (Cunningham)
What is the max sentence for an assault?
If found guilty D could be sentenced to a maximum of 6 months in prison pursuant to s39 Criminal Justice Act 1988
What act are non-fatal offences set out in?
Offences Against the Person Act 1861
What is common assault?
Common assault can mean either assault or battery
What is an assault?
An act which intentionally or recklessly causes another to fear immediate unlawful violence
