Assault Flashcards
What act is assault charged under
S39 criminal justice act
Actus Reus of assault
Causing the apprehension of immediate and unlawful personal violence
What are the key words in the Actus Reus of assault
Act, apprehend, immediate, unlawful, personal violence
Define act
Requires and act or words an omission is not sufficient
Define apprehend
D must apprehend violence but he does not have to fear it
Can assault occur if the act was unnoticed
No because v would not apprehend unlawful personal violence
Cases linked to apprehension
Tuberville v savage
And light
Cause facts and legal principle of tuberville v savage
D placed hand on a sword and said if it were not assisze time, I would not take such language from you-
This was not an assault because his words indicated there would be no violence which prevented the act from being an assault
Case facts and legal principle of light
In light he raised a sword above his head and said were it not for the bloody police man outside I would split your head open
Assault despite the facts his words indicated there would be no violence, in the circumstance of his acts the words were not enough to negate apprehension of unlawful violence
Which House of Lords case stated that words alone may amount to an assault
Constanza
Which case indicated silent telephone calls could constitute an assault depending on the impact on the victim
Ireland
Define immediate
There must be a treat of immediate violence so a threat to attack next week is not an assault
In which case did courts take a generous view of immediately and ruled a threat can’t exclude the immediate future
Constanza
So immediate mean
Imminent but not instantaneous
Case showing showing immediate force is not necessary it needs to be imminent
Smith v chief superintendent of Woking police station
Case facts of smith v chief superintendent of Woking police station
D broke into vs garden at night and looked though her window causing v to apprehend violence
Although d was outside and no attack could be immediate, the court held v was frightened and did not know what he was going to do but feared it would be violent
Fear of what he might do next was sufficiently immediate for purpose of offence
Define unlawful
If any threat of force is lawful then it can’t be an assault eg self defences
What type of offence
Common law offence
Where does the meaning of assault come from/ defining case?
Fagan v metropolitan police commissioner
Is it a sic or Bic offence
Bic
What will do in terms or men’s rea
Intention or Cunningham recklessness
What must d foresee
The risk that the victim will apprehend immediate unlawful violence and still go on to take that risk
What is d is intoxicated
Considered to be doing the assault recklessly
Which case confirmed that if d was intoxicated the illegal act would be reckless
Majewski
Case showing apprehension of personal violence
Logdon v ddp
D had fake gun and showed v saying it was loaded, d was frightened
