common assault (s.39) Flashcards
What is the criteria to prove common assault?
‘an act which causes the victim to apprehend the immediate application of violence, either intentionally, or recklessly’
What is the actus reus of common assault?
an act which causes the victim to apprehend the immediate application of violence, either intentionally, or recklessly
Explain ‘act’ as part of the actus reus of common assault.
assault - threats of violence
Constanza: wrote letters, visited house, and made phone calls (all containing threats)
Ireland: made several silent phone calls to V
Explain ‘(causing the V to) apprehend’ as part of the actus reus of common assault.
Does V think violence or force is coming?
Lamb: D pointed loaded gun at V - possible condition is attached to threat - ‘if you weren’t so big I’d punch you.
- word can cancel out threat -e.g:
Tuberville v Savage: ‘if it weren’t aside time, I wouldn’t take such language from you.’
Light: ‘if it weren’t for that bloody policeman outside, I’d split your head open.’
Explain ‘immediate’ as part of the actus reus of common assault.
Imminent not instantaneous - at some point in the near future.
Smith v Chief Constable of West Yorkshire: D looked through window - petrified but there was no actual way of getting in.
What is the mens rea of common assault?
Intent - Maloney
Recklessly - Cunningham: D saw risk, took risk, and injury caused.