Assualt Flashcards
What is the AR of assualt?
Causing V to apprehend the immediate application of unlawful physical force or violence
What is the MR of assualt
Intention or subjective recklessess as to causing v to apprehend the immediate application of unlawful physical force or violence
What available punishments are there for assualt
- 6 months imprisonment
- fine
What was held in Ireland
Silence can amount to assault
What was held in R v Constanza
Words alone can amount to an assualt
What was held in Tuberville v Savage
Words can cancel/negate an assault
What was held in Smith v Chief Superintendent
D stared at V from their garden through the window
Even though the window was closed, V still had immediate fear of what might occur next. V fearing physical attacks in the imminent future was enough
What was held in Logdon
D pointed an imitation gun at V, V was terrified. D told her it wasnt real
V had feared immediate use of unlawful physical force/violence and D had been, at least, reckless as to wether this would would occur