Assult Flashcards
Defintiom of assault
Fagans v mpc
An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immeadiate unlawful personal violence
Ar assault stage 1
Apprehend
(R v Lamb) doesn’t matter if no fear, just have to know violence is coming
(Logdon v dpp) as long as apprehend no need for actual threat or violence
(R v constanza) words
(R v ireland) silence
(Tuberville v savage) words negate
Ar assault stage 2
Immediate
(Smith v cc woking)
Doesn’t have to be immediate as long as don’t know what will happen next
Ar assault stage 3
Unlawful
No lawfully excuse eg consent or prevention of crime/self defence
Ar assault stage 4
Personal violence
Need only apprehend technical battery level force
Mr assault
Intention or recklessness to cause victim to apprehend immeadite unlawful personal violence (R v Parmenter)