Assault Flashcards
What section is assault under?
s39 or Fagan v police commissioner
What is common assault?
Common assault is by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence
- sc39 criminal justice act 1988
R v Ireland
telephone harassment can be assault
R v Constanza
written word can be assault
R v Lamb
threat must be immediate - pointing a gun that v knows is unloaded is not assault
Smith v police superintendent
immediate does not need to mean instantaneous - stalker looking through window is assault
Tuberville v savage
words that state that assault is not imminent can make the situation not assault
What affect does being drunk have on the Mens rea of assault ?
Means you are reckless but still liable (DPP v Majewski)
