Assault (criminal )

Question 1

what section is assault under

Answer 1

Section 39 criminal justice act 1988

Question 2

What is the
Definition of assault

Answer 2

To intentionally or recklessly cause the apprehension of immediate force

Question 3

What is the Actus Reus for assault

Answer 3

There is no need for contact , any act which caused fear of unlawful force

Question 4

What is the case of R v Lamb

Answer 4

No fear= no assault , there was no fear of the gun so no assault

Question 5

What is the point of law for R v misalati

Answer 5

Evidence of fear and violence is enough no need for physical contact - racist abuse, feared violence

Question 6

What is Chambers v DPP

Answer 6

Where if a threat is made as a joke the it will not be an assault because they lack the men’s rea

Question 7

what is the point of law for R V Ireland and R v constananza

Answer 7

words and silence can constitue to an assault, phone calls and letters

Question 8

what is the case where words can cancel an assault

Answer 8

tuberville v savage 1669

Question 9

smith v chief superintendent of Woking police station

Answer 9

the victim may fear the possibility of immediate force

Question 10

what is the mens rae for assault

Answer 10

intention or Cunningham recklessness

Question 11

r v cunningham

Answer 11

the defendant msut have appreciated the risk but does it anyway