Assault Flashcards
1
Q
Definition and act
A
Under s39 of the criminal justice act 1988
An act which causes V to apprehend immediate unlawful force with intent or recklessness to cause this
2
Q
What is an act
A
Any verbal or non verbal action (Ireland)
3
Q
What does V have to prove
A
That they apprehended immediate unlawful force as a consequence of the act (lamb)
4
Q
What does immediate mean
A
Within a short time frame from the act occurring (smith)
5
Q
What can negate an assault
A
Words if D declares they are not going to carry out threat unless it is conditional words (savage)
6
Q
What is the mens rea?
A
Aim purpose and desire to cause V to apprehend immediate unlawful force (Mohan)
Recklessness on whether they would cause V to do this (Cunningham)
