Assault

Question 1

What Act and Section number is Assault defined under?

Answer 1

S.39 Criminal Justice Act 1988

Question 2

Whats the maximum fine and sentence for Assault?

Answer 2

£5000 and or 12 Months

Question 3

What is the Actus Reus for Assault?

Answer 3

When the defendant does any act which causes the victim to fear unlawful force

Question 4

Definition for Assault?

Answer 4

To intentionally or recklessly cause the apprehension of immediate force

Question 5

Case and POL for R v Lamb

Answer 5

Case - two friends playing with a gun which they didn’t know was dangerous and one was killed accidentally
POL - No assault as victim was not fearful of the gun

Question 6

Case and POL for R v Misalati

Answer 6

Case - Defendant racially abused staff and evidence showed staff feared violence
POL - If a threat is made as a joke, then the offence will not be committed as the defendant lacks mens rea

Question 7

Case and POL for Chambers v DPP

Answer 7

Case - Defendant joked in airport about blowing up the airport to his friends
POL - Appeal was allowed on the basis of none of his recipients feared his message

Question 8

Case and POL for R v Ireland and R v Constanza

Answer 8

Case - both cases victim was stalked, in Ireland repeated silent phone calls were received and in Constanza unsolicited letters
POL - Words and silence can constitute and assault

Question 9

Case and POL for Tubervile v Savage

Answer 9

Case - Defendant put his hand on his sword which is enough to constitute as an assault but his words made it clear he was intending to use violence
POL - Words can cancel an assault
However the victim may fear the possibility of immediate force

Question 10

Case and POL for Smith v Chief Superintendent , Woking Police Station

Answer 10

Case - Victim standing in night dress saw man in garden looking at her
POL - A matter of causation the defendants actions must be the cause of the fear

Question 11

What is the Mens Rea for Assault?

Answer 11

The mens rea for assault is intention or Cunningham recklessness

Question 12

Case and POL for R v Cunningham

Answer 12

Case - Robbed gas meter, gas spilled out and endangered mother in law
POL - The defendant must appreciate that there is a risk and still goes ahead and takes the risk

Question 13

Explain the Subjective Test

Answer 13

The accused must actually have had the required foresight

Question 14

POL for R v G

Answer 14

Confirmed the point made in Cunningham - felt subjective recklessness was the fairest way to assess it