Assault Flashcards
What category of offence
Common law
Max sentence
6 months in prison
Who suggested reforms?
The law commission
Why is common law an issue?
Because the law changes all the time
What is assault charged under?
S.39 criminal justice act 1988
Definition of assault
Where D intentionally or recklessly causes V to apprehend immediate unlawful personal violence
AR
The victim apprehends immediate unlawful personal violence
MR
Intention and recklessness
Read v Coker
F- D threatened to break V’s neck if he didn’t leave the store
R- D apprehended fear
Ireland and Burstow
F- D harassed his ex and she developed severe depression
R- She apprehended force which caused her depression
Logdon
F- D threatened a customs officer with a replica gun
R- V apprehended and D was reckless
Lamb
F- Two boys playing with a revolver, 1 died
R- He didn’t apprehend fear as he didn’t think it would shoot
Ramos
F- D wrote bomb threat letters
R- V’s feared a bomb attack
Smith v Woking police superintendent
F- D looked through V’s bedroom window and scared her
R- He had intent to scare V and apprehend fear
Constanza
F- D wrote V 800 letters and waited outside her workplace
R- She apprehended fear at some time including the immediate future
