Assult Non Fatal Flashcards
1
Q
How is assault defined
A
To intentionally or recklessly cause the victim to fear immediate unlawful personal violence
2
Q
Actus rea
A
Must be a positive act not an omission
Could be through acts or words
3
Q
Examples of actus reus cases
A
R v Ireland
R v Constanza
4
Q
The v must apprehend or fear unlawful violence case
A
R v Logndon
R v lamb
5
Q
Words can cancel out and assault
A
Turberville v Savage
6
Q
When must the fear be for
A
Imminent not instantaneous
Smith v chief constable of Woking
7
Q
Mens rea
A
An intention to cause another to fear immediate unlawful harm
Or
Recklessness as to whether such fear is caused
8
Q
Case for MR recklessness
A
Cunningham
