Assault A01

Question 1

type of offence + type of crime

Answer 1

common law offence → basic intent crime

Question 2

what ranked offence and where is it tried

Answer 2

summary offence → magistrates court

Question 3

6 months custodial or fine (statute)

Answer 3

s.39 of the Criminal Justice Act

Question 4

actus reus (case)

Answer 4

actus reus → R v Venna causing an immediate apprehension of unlawful violence

Question 5

mens rea (case)

Answer 5

to do this intentionally or recklessly (Cunningham)

Question 6

victim must______(case)

Answer 6

Smith v Woking Police → AR, victim must apprehend a threat of immediate harm

Question 7

assault can be _______ (case)

Answer 7

words → R v Wilson

Question 8

words can negate an assault when? (case)

Answer 8

Tuberville v Savage → if its obvious that the threat will not be carried out

Question 9

what contradicts Tuberville v Savage? (case)

Answer 9

If the threat is still very harsh despite this they can still be an assault → R v Light.