Assault Flashcards
Mens Rea
An act causing V to apprehend immediate unlawful force
Actus Reus
Intention or subjective recklessness
R v Ireland
Silent phone calls can be assault
Smith V Woking police
Immediate means imminent not instantaneous
R V Cunningham
Defined subjective recklessness
R v Mohan
Direct intent is a decision to bring about particular consequence no matter whether D desires that consequence or not
R v Cunningham
Recklessness involves foreseeing a risk and still taking it
R v woolin
Oblique intent is established as a consequence of D action is a virtual certainty
R v White
D was causation of V death - but for test
R v Pagett
D was legal cause of V death and police actions not new intervening act
R v Jordan
D liability broke as wound mostly healed further medical treatment was palpably wrong
R v Pagett
D actions need only be a significant cause of V death not main cause
R v Blaue
Thin skull rule, D must take V as you find them
R v Gibbins Proctor
Parent owes a duty of care
