Assault

Question 1

What category of offence is assault?

Answer 1

Summary offence

Question 2

What are the maximum sentencing powers for assault?

Answer 2

6 months prison or £5000 fine

Question 3

Where is the law on assault defined?

Answer 3

The common law

Question 4

Where is assault charges?

Answer 4

Section 39 Criminal Justice Act

Question 5

What is the definition of assault?

Answer 5

An act which causes the victim to fear the infliction of immediate unlawful force with intent or subjective recklessness

Question 6

Give the facts of Read v Coker

Answer 6

D and his men surrounded V and threatened to break his neck if he didn’t leave

Question 7

Give the ratio of Read v Coker

Answer 7

Offering a chance for V to leave doesn’t negate an assault

Question 8

Give the facts of Ireland and Burstow

Answer 8

D made silent and abusive phone calls to v and appeared at her house

Question 9

give the ratio of Ireland v Burstow

Answer 9

Silent phone calls were sufficient for assault

Question 10

give the facts of Logdon

Answer 10

D pointed an imitation gun at a woman in jest who was terrified

Question 11

Give the ratio of Logdon

Answer 11

This was sufficient for assault because V apprehended unlawful force

Question 12

Give the facts of Lamb

Answer 12

Two boys played with a revolver that they didn’t think was loaded but it was, a boy was shot and died

Question 13

Give the ratio of Lamb

Answer 13

There was no assault because V did not fear the gun, he thought it was safe

Question 14

Give the facts of Ramos

Answer 14

D distributed racist letters threatening a bomb attack

Question 15

Give the ratio of Ramos

Answer 15

Apprehension is more significant than the immediacy of the threat

Question 16

Give the facts of Smith

Answer 16

D frightened V by looking through her window

Question 17

Give the ratio of Smith

Answer 17

Fear of what D might do next is sufficient immediacy

Question 18

Give the facts of Constanza

Answer 18

Stalked a woman and wrote her over 800 letters

Question 19

Give the ratio of Constanza

Answer 19

The jury was entitled to find immediacy was present

Question 20

Give an Ao2 point about Ramos, Smith and Constanza

Answer 20

They broaden the meaning of immediate

Question 21

Give the ratio of Mohan

Answer 21

Intent is sufficient for assault

Question 22

Give the ratio of Cunningham

Answer 22

Subjective recklessness is sufficient for assault