Assault

Question 1

Opening para

Answer 1

• s39 criminal justice act 1988
• not defined in
• act that causes v to apprehend immediate+unlawful violence
• act, physical/words. no omission
• apprehend - anticipate, doesn’t need to fear violence but believe about to happen
• immediate - possibility of an immediate attack, doesn’t have to be rational
• unlawful violence - no defence
• intention/recklessness

Question 2

Act

Answer 2

constanza - words alone

ireland - silence

Question 3

Apprehend

Answer 3

lamb - v doesn’t need to fear violence just believe it is about to happen.
light - put in immediate fear of unlawful physical harm
tuberville v savage - made clear no violence would ensue.

Question 4

immediate

Answer 4

Smith v chief superintendent of woking police station - didn’t know what d was going to do next but knew it was of a violent nature
burstow - possibility of an immediate attack

Question 5

unlawful violence

Answer 5

lack of defence eg consent

Question 6

mens rea

Answer 6

savage - intention/subjective recklessness to cause the victim to apprehend immediate unlawful violence
intention - Mohan
recklessness - Cunningham