Assault Flashcards
1
Q
What is the definition of assault
A
Defined as the apprehension of immediate unlawful force
2
Q
The Mens rea of assault
A
Recklessness or intent
3
Q
Where is assault charged
A
Criminal justice act 1988 section 39
4
Q
What was stated in R v Nelson
A
“What is required for common assault is for the D. to have done something of a physical kind which causes someone else to apprehend that they are about to be struck”
5
Q
What is the Actus Reus of assault
A
May be an act or omission which caused the apprehension of immediate unlawful force
6
Q
Belief of threat
A
The D must also have to hold the belief that violence will occur. There is no offence if the victim perceives there is no threat.
7
Q
A
