assault

Question 1

what is assault and what ruling is it under

Answer 1

• COMMON LAW OFFENCE
• under S39 Criminal Justice act 1988
• punishable by up to 6 months in prison, unlimited fine

Question 2

what is the AR and MR for ASSAULT

Answer 2

AR- act which causes victim to apprehend IMMEDIATE UNLAWFUL FORCE, this could be WORDS (letter email etc) or SILENCE

MR- intention or recklessness to cause another to apprehend IMMEDIATE UNLAWFUL FORCE

Question 3

how do the actus reus and mens rea demonstrate the principle of correspondence

Answer 3

DO AR AND MR MATCH.

Question 4

R v Ireland

Answer 4

• D kept giving V silent phone calls repeatedly

- AR IS SILENCE

Question 5

Smith V Chief Superintendent Working Police

Answer 5

watching woman through window

AR was she was fearful

Question 6

Longdon v DPP

Answer 6

-threatened woman with IMITATION GUN and later said it was fake
AR was she was fearful

Question 7

Venna

Answer 7

-kicks at police who were arresting him, no contact is made, MENS REA FOR ASSAULT

legal principle- recklessness is sufficient

Question 8

difference between assault and battery

Answer 8

-assault doesn’t require contact, battery does require contact

Question 9

cases

Answer 9

R v Ireland
Smith V Chief Superintendent Working police
- Logdon v DPP
- Venna