Assault - Non Fatal Offences Against The Person Flashcards
1
Q
Where is assault mentioned/acknowledged by the parliament ?
A
The Criminal Justice Act section 39
2
Q
What type of law is assault created from ?
A
Common law ( created by judges)
3
Q
Actus Reus of assault
A
Causing the victim to apprehend the immediate application of unlawful physical force ( there is no need for physical contact )
4
Q
What is the Mens Rea of assault?
A
Intention ot subjective Recklessness
5
Q
R v Ireland
A
Silent phone calls can be assault
6
Q
R v Constanza
A
Threatening letters can be assault
7
Q
R v Lamb
A
Without fear there is no assault/offence
