Criminal- Assault Flashcards
Apprehend
Giving the victims a general awareness of violence
Smith v Woking police
V was scared when she spotted a man stood in her garden
V can become aware of possible violence threw a joke as long as V is scared
Logdon v DPP
D pointed a fake gun at his friend. His friend was scared even though it was meant as a joke
Actus Reus
Making the victim apprehend immediate unlawful violence
Immediate
The fear of violence doesn’t need to happen straight away but must happen in a reasonable amount of time
Smith v Woking police
The violence could’ve happened at anytime
Unlawful violence
No contact between d and v is needed. It is normally committed through words and gestures
Ireland
D made a series of silent phone calls to v and v was scared so d had assaulted her
Mens tea
Intentionally or recklessly making V apprehend immediate unlawful violence