Assault Flashcards
define assault
v apprehends immediate unlawful violence
AR
apprehend immediate unlawful violence
MR
intention/ subjective recklessness to cause v to fear the application of immediate unlawful violence
what case states that assault is when D does something of a physical kind that causes someone else to apprehend that they are about to be struck
Nelson
what kind of offence is assualt + maximum sentence
common law offence, maximum sentence = 6 months/ £5000 fine
what must assault be
an act, omission not enough
what case states that silent phone calls can amount to assault
Ireland
what case states that letters could be an assault
Constanza
what case states that words are not an assault where threat cannot be carried out
Tuberville & Savage
what is apprehending immediate unlawful violence
anticipating violence
in what case was D guilty as he made V frightened even though showing V a fake gun as a joke
Logdon v DPP
what case states that the apprehension of immediate unlawful violence does not have to be instantaneous, ‘imminent’ is sufficient
Smith v Supt of Woking
what case states that D must intend to make V fear immediate unlawful violence or recklessness as to whether such an apprehension is caused
Venna
