Assualt (done) Flashcards
What type of law does an assault come from?
Common law
What is the actus reus of an assault?
The actus reus of an assault requires D to cause V to apprehend immediate unlawful violence (Ireland)
What are the two things that must be shown to apply the actus reus of an assault?
1) Does V actually apprehend immediate unlawful violence?
2) Was the threat of violence immediate?
How do we test if V actually apprehends immediate unlawful violence?
A subjective test is used which looks at the reaction of V and not the actions of D (Logdon)
How do we establish the threat was immediate?
The word immediate means imminent and not instantaneous (Smith v Chief Superintendent of Woking Police Station)
What are the 2 specific issues in the actus reus of an assault?
1) Words negating the threat
2) Silence
Can words negating the threat still amount to an assault?
No (Tuberville v Savage)
Can silence amount to an assault?
Yes (R v Ireland)
What must be proved after proving the actus reus?
Causation in both fact and in law are self evident (Pagett/Jordan)
What is men’s rea of an assault?
The men’s Rea of an assault is direct intention (Mohan) or subjective recklessness (Cunningham) to cause V to apprehend immediate unlawful violence (Savage)
What is direct intention in an assault?
Where it’s D’s main aim or purpose to cause V to apprehend immediate unlawful violence (Mohan)
What is subjective recklessness in an assault?
D arguably realised the risk of causing B to apprehend immediate unlawful violence but decided to take that risk anyway (Cunningham)
What is the max sentence for an assault?
A maximum sentence of 6 months in prison pursuant to s39 Criminal Justice Act 1988
What is the order for the assault answer plan? (8)
1) Briefly refer to incident and offence
2) Define actus reus
3) Apply the actus reus + specific issues
4) Explain and apply causation
5) Define men’s Rea
6) Apply men’s rea
7) Conclude liability
8) Refer to max sentence
What is an assault?
An act that intentionally or recklessly causes another to fear immediate unlawful violence
