Assault

Question 1

What act is assault contained within?

Answer 1

s39 Criminal Justice act 1988

Question 2

What are the punishments for assault?

Answer 2

6 months imprisonment or a fine

Question 3

What type of offence is assault and what does it mean?

Answer 3

Is a summary offence which is the for the least serious of offences. Only triable in magistrates court

Question 4

What is the actus reus of assault and give a non case example?

Answer 4

Any act which causes the victim to apprehend the immediate infliction of violence. Could be raising a first. pointing a gun or threatening somebody

Question 5

What case did the defendant aim a fake gun at the victim and what was the ruling?

Answer 5

Logdan v DPP - Guilty of assault

Question 6

In what case did the defendants sending of threatening letters amount to assault?

Answer 6

R v Constanza

Question 7

What is the mens rea of assault and in what cases was it defined?

Answer 7

The intention to cause the victim to fear the infliction of immediate and unlawful force, or must have seen the risk that such fear would be created. R v Parmenter, Savage

Question 8

Is this recklessness subjective or objective? and what case defined it

Answer 8

R v Cummingham. Cummingham subjective recklessness