Assault Flashcards
What is the definition of assault under common law?
An intentional or reckless act which causes a person to apprehend (fear) the infliction of immediate unlawful force.
Charged under Section 39 of the Criminal Justice Act 1988.
What is the Actus Reus of assault?
An act causing the apprehension (fear) of the infliction of immediate unlawful force.
There must be fear, but no need for physical injury.
True or False: The act of assault can only be physical.
False
The act can be a gesture, words, or even silent phone calls.
What case clarified common assault as causing someone to apprehend being struck?
Nelson
In 2013, it was clarified that a physical act causing apprehension constitutes common assault.
Which case involved pointing a toy gun at a victim as an assault?
Logdon
The victim was scared because they thought it was a real gun.
In Tuberville v Savage, why was there no assault despite the man’s threatening gesture?
The words negated it, indicating there would be no violence.
The context of ‘assize time’ contributed to this ruling.
What was significant about the case of Constanza regarding assault?
Letters could be considered an assault.
The defendant wrote 800 ‘stalking’ letters to the victim.
What ruling was made in Ireland/Burstow regarding silent phone calls?
Silent phone calls can be considered an assault.
This expands the definition of actions that can cause fear.
How was ‘immediate’ defined in Smith v Woking Police?
‘Immediate’ was defined flexibly as ‘some time not excluding the immediate future’.
This case involved a man staring through a victim’s window.
What does Mens Rea refer to in the context of assault?
Intention or subjective recklessness as to causing someone the apprehension of immediate unlawful force.
Intention can be direct or specific.
What is subjective recklessness as defined in Cunningham?
Where the defendant foresees a risk of a consequence (fear) and carries on regardless.
This is a key component of Mens Rea.
What was the outcome of the case Venna regarding recklessness?
Recklessness was enough to commit the offences of assault, battery, and ABH.
This involved a disturbance where a police officer was injured.
Fill in the blank: The act causing fear in assault can be a _______.
[gesture or words or silent phone calls].
