Assault Flashcards
What cases define assault and how ?
R V Vienna/R V Ireland
‘intentionally or recklessly causing V to apprehend immediate unlawful personal violence/force’
What must assault be ?
an act NOT omission
What case shows the act can be done by words and which can be done by actions
words - R V Constanza
actions - R V Smith
What does R V Lewis show about assault ?
it can be committed by words and actions together
Is physical contact necessary for assault ?
no
What must the acts of D cause V to do and what case?
apprehend immediate force will be used
R V Lamb- V not in fear, not assault
What does R V Logdon show about apprehend ?
doesn’t matter if D has no intention of carrying out threat as long as V believes them
What does Tuberville V Savage show about the Ds words?
if they indicate no violence to be used then cannot be an assault
What does immediate mean and what case ?
imminent (soon) not instantaneous (straight away) Smith V Woking Police Station
Causation must be proven what are the 2 types of causation and cases?
Factual (White/Pagett)
Legal (Kimsey/Smith or Cheshire)
What is factual causation and how does it work ?
‘But for’ test
but for Ds acts would V be caused to apprehend immediate unlawful personal violence
What is legal causation and the 2 factors to be considered?
de minimus?- more than a minimal cause (Kimsey)
operating & subst.?- most blameworthy(Smith/Cheshire)
What also must be considered for legal causation and some examples ?
intervening acts
own act- (Williams & Davis)
self neglect- (Holland/Wallace)
3rd party- (Pagett)
medical treat-(Jordan/Smith)
TSR- (Blaue)
What is the men’s rea of assault (Venna) ?
D intends or is reckless about cashing V to apprehend immediate unlawful personal violence
How does R V Mohan define intention?
D had aim, purpose, and desire to bring about prohibited consequence
What is recklessness and case ?
D foresees a risk and proceeds to take it regardless (R V Cunningham)
