Assault Flashcards
The act that recognises assault is?
S 39 of the criminal Justice act 1988
What case defined assault
Fagan V MPC
What is the definition of assault?
where the D intentionally or recklessly causes the V to apprehend immediate unlawful personal violence’
The AR for assault?
apprehension, immediate and unlawful personal violence.
What does apprehend mean
To feel fear
The case for apprehension
R V lamb( no fear no assault )
Immediate meaning
Then and there
Case for immediate
. Smith V cc of Woking police
Unlawful meaning and cases
Generally any force that wasn’t consented to by the V (r v Ireland)
What is the Mr for assault and which case established it
Intentionally or recklessly(r v savage )
Direct intention meaning
The desire to bring about a specific outcome
Case for direct intention
Mohan
Recklessness meaning
For seeing an outcome but taking the risk anyway
Recklessness case?
Cunningham
R V Ireland
Silence can amount to an assault
R v constaza
Written words I letters are sufficient to create an assault
Tuberville v savage
If the defendant makes a threat and then negates it then their is no assault
