Assault

Question 1

What law does assault come from?

Answer 1

Common law and s39 Criminal Justice Act 1988

Question 2

Definition

Answer 2

Intentionally or recklessly make V apprehend immediate unlawful violence (Fagan v MPC)

Question 3

Apprehend

Answer 3

Means that V has an awareness of general violence (Smith v Supt. of Woking) even if D is joking (Logdon v DPP)

Question 4

Immediate

Answer 4

V must apprehend immediate unlawful violence where violence must occur in a reasonable amount of time (Smith v Supt. of Woking)

Question 5

Unlawful violence

Answer 5

This can be apprehended through words, gestures, silent phone calls (Ireland), threatening letters (Constanza)
Words can nullify an assault (Tuberville v Savage)

Question 6

Mens rea

Answer 6

D has intention of recklessness to make V apprehend immediate unlawful violence (R v Savage)
Intention (Mohan)
Recklessness (Cunningham)