Common Assault Flashcards
- What is the definition of assault?
-Section 39 of the Criminal Justice Act 1988, defined as:
“an intentional or reckless act which causes a person to apprehend (fear) the infliction of immediate unlawful force ”, as in Nelson.
- What is the Actus Reus?
The Actus Reus is an act or physical movement caused by the defendant that causes another to apprehend of the infliction of immediate unlawful personal violence .
- What happened in Tuberville v Savage?
IF RELEVANT: Words may negate what otherwise might be an assault (TUBERVILLE v SAVAGE).
- There must be Fear as in…? and D caused V’s apprehension of the infliction of unlawful force…
There must be fear, as in Lamb and D caused V’s apprehension (fear) of the infliction of unlawful force because [eg. V ran away]. OR [there was no fear, as V laughed at D when he threatened him].
- (If Relevant) The Fear may be caused…?
IF RELEVANT: The Fear may be caused indirectly as in Dume.
- The Apprehension (Fear) was of the infliction of the “immediate” unlawful force, defined flexibly in…?
The apprehension (fear) was of the infliction of “immediate” unlawful force, defined flexibly in SMITH v CHIEF SUPERINTENDENT OF WOKING POLICE STATION because V [eg. thought he would soon be attacked].
- The Mens Rea is intention or subjective reckelessness…
The MENS REA is intention or subjective recklessness AS TO causing someone to fear (apprehend) unlawful force, as in VENNA.
Here D [ CHOOSE ONE: EITHER D has specific/direct intention to cause V’s apprehension (fear) as she decided to bring about the particular consequence of fear (MOHAN) when [eg. Threatening to beat V up]
OR D was subjectively reckless as to V’s fear (apprehension) as D foresaw a risk of causing fear(apprehension) and carried on regardless (CUNNINGHAM) when [ eg. she pointed a toy gun at V].
- (If Relevant) The Transferred Malice Princaple Appiles….
IF RELEVANT: “The transferred malice principle applies, where a crime intended for one person falls on another by accident, as in Latimer, so D will still be liable as the mens rea is transferred from X to V.”
TO CONCLUDE, D is likely to be liable as the AR and MR are satisfied
