Assault

Question 1

Read v Coker

Answer 1

D and his men surrounded V and threatened to ‘break his neck if he didn’t leave’
Held that assault is an attempt coupled with present ability, to do personal violence to another

Question 2

Ireland and burstow

Answer 2

D made a series of silent calls to different women.

Held that an assault can consist of any act causing the v to apprehend an immediate application of force

Question 3

Logdon

Answer 3

D threatened a customs officer with a replica gun.
Held that assault was commuted as the V he apprehended immediate unlawful violence and d was reckless as to wether she would appreciate such violence.

Question 4

Lamb

Answer 4

2 boys played with revolver, both beloved it would not fire but one was killed.
Held no unlawful act as no assault had been committed as v did not apprehend immediate violence

Question 5

Ramos

Answer 5

D distributed racist letters threading a bomb attack. Held fear is the main ingredient not immediacy

Question 6

Mohan

Answer 6

D drove his car at officer which didn’t hit him, was attempted ABH not guilty as he lacked the intent for attempt

Question 7

Cunningham

Answer 7

D tore gas metre of wall causing a leak affective v. Held malicious mean either 1) an actual intention to do particular kind of harm done or 2) reckless as to weather such harm should occur or not

Question 8

What is the defitnion toon of assault?

Answer 8

Ar- causing v to apprehend immediate unlawful violence

Mr- intentionally or subjectively recklessly

Question 9

What is D charged under for assault?

Answer 9

S.39 criminal justice act

Question 10

What is the max Sentence for assault?

Answer 10

£5000 fine or 16months

Question 11

A03- OAPA

Answer 11

Fails to provide a logical structure of offences, no hierarchy.
Provides too many narrow defined offences dealing with same subject.
Obscure language used

Question 12

A03- physical act

Answer 12

Mere words can not amount to an assault previously. Issue cleared when HOL said a silent phone call which caused v to apprehend immediate violence would be an assault

Question 13

A03-definitions

Answer 13

No statutory definition. Judges make decisions creating inconsistencies. Eg immediacy developed by smith and Ramos
However developments broaden law which benefits public as justice and is fairer to v

Question 14

A03- conditions will not suffice

Answer 14

D can still be guilty as common law has resolved the issue. The 1st action is wrong

Question 15

A03- apprehend

Answer 15

Apprehend is not fear. Fear emotions are not necessary

Question 16

A03- refroms

Answer 16

Law commission suggested scoping paper which splits it into physical account and threatened assault