Assault Flashcards
What category of offence is assault?
Summary offence
What are the maximum sentencing powers for assault?
6 months prison or £5000 fine
Where is the law on assault defined?
The common law
Where is assault charges?
Section 39 Criminal Justice Act
What is the definition of assault?
An act which causes the victim to fear the infliction of immediate unlawful force with intent or subjective recklessness
Give the facts of Read v Coker
D and his men surrounded V and threatened to break his neck if he didn’t leave
Give the ratio of Read v Coker
Offering a chance for V to leave doesn’t negate an assault
Give the facts of Ireland and Burstow
D made silent and abusive phone calls to v and appeared at her house
give the ratio of Ireland v Burstow
Silent phone calls were sufficient for assault
give the facts of Logdon
D pointed an imitation gun at a woman in jest who was terrified
Give the ratio of Logdon
This was sufficient for assault because V apprehended unlawful force
Give the facts of Lamb
Two boys played with a revolver that they didn’t think was loaded but it was, a boy was shot and died
Give the ratio of Lamb
There was no assault because V did not fear the gun, he thought it was safe
Give the facts of Ramos
D distributed racist letters threatening a bomb attack
Give the ratio of Ramos
Apprehension is more significant than the immediacy of the threat
Give the facts of Smith
D frightened V by looking through her window
Give the ratio of Smith
Fear of what D might do next is sufficient immediacy
Give the facts of Constanza
Stalked a woman and wrote her over 800 letters
Give the ratio of Constanza
The jury was entitled to find immediacy was present
Give an Ao2 point about Ramos, Smith and Constanza
They broaden the meaning of immediate
Give the ratio of Mohan
Intent is sufficient for assault
Give the ratio of Cunningham
Subjective recklessness is sufficient for assault
