Assault

Question 1

All steps?

Answer 1

1) AR
2) MR
3) Liable or not.

Question 2

Intro is…?

Answer 2

Act + definition

Question 3

Act for assault?

Answer 3

S39 Criminal justice act 1988

Question 4

Definition of assault + case?

Answer 4

Intentionally or recklessly make V apprehend immediate and unlawful violence. (Fagen V MPC)

Question 5

Step 1?

Answer 5

Actus reus = Guilty Act

Question 6

3 things for step 1+ cases?

Answer 6

A) V must apprehend - V has genreal awareness of violence. (Smith V supt of woking.
Applies even if D is joking (Logdon V DDP

B) Immediate - V must have general awareness of violence within a reasonable amount of time. (Smith v Supt. of woking)

C) Unlawful violence - AR can be apprehened through words,gestutres, actions:
Joking - (Logden)
Silent phone calls- (Ireland
Threataning letters - (Constanza)
Words can nullify an assault - (Tuberville v Savage).

Question 7

What is Step 2?

Answer 7

Mens rea - Guilty Mind

Question 8

Three things for step 2 + cases?

Answer 8

D has intention or recklessness to apprehend immmediate and unlawful violence. (R v Savage)

A) Intention - Direct intent - D aims/desires the outcome. (R v Mohan)

B) Recklessness - Subjective Recklessness - D realises risk and takes it anyway. ( R v Cunningham)

Question 9

Step 3?

Answer 9

D is/is not criminally liable.