ASSAULT Flashcards
What is the legal definition of common assault under section 39 of the criminal justice act 1988? And case?
an intentional or reckless act which causes a person to apprehend the infliction of unlawful force~(Nelson)
What constitutes the Actus Reus of assault?
an act causing the apprehension of the infliction of immediate unlawful force
What are some acts that can constitute the actus reus including cases
Act or gesture~Logdon
Words~Constanza
silent phone calls or stalking~Ireland/Burstow
What did Tuberville v Savage/ Light establish?
Words may negate what otherwise might be assault
what did Lamb establish?
there must be fear
What did Dume establish?
fear may be caused indirectly
How did Smith v Woking define the apprehension in assault
the apprehension must be of IMMEDIATE unlawful force
What is the mens rea of assault
intention or recklessness as to causing the apprehension of immediate unlawful force
How might the mens rea be committed?
Specific/direct intention ~Mohan
Recklessness~Cunningham
What is the principle of transferred malice?
a crime intended for one person falls onto another by accident(Latimer/Mitchell)
What does the principle of transferred malice state?
only similar crimes can be transferred
(Pembliton)
What is meant by joint enterprise?
it doesn’t matter that d was not the one who actually injured v. all that matters is that d intended to hurt x,x intended to hurt d and in fighting back with d, v was injured
(Gnango)
what is meant by the coincidence rule?
the actus reus and mens rea must coincide at least once as in Fagan v MPC and Thebo Meli(series of events)
