NFO: Assault

Question 1

governing AoP

Answer 1

s.39 of Criminal Justice Act 1988

Question 2

Nelson

Answer 2

def- “an intentional or reckless act which causes a person to apprehend (fear) the infliction of immediate unlawful force.”

Question 3

Logdon

Answer 3

AR: act can be act/gesture

Question 4

Constanza

Answer 4

AR: act can be words

Question 5

Ireland

Answer 5

AR: act can be silent phone calls/stalking

Question 6

Tuberville v Savage

Answer 6

AR: words may negate an assault

Question 7

Lamb

Answer 7

AR: there must be fear caused by d

Question 8

Dume

Answer 8

AR; fear can be caused indirectly

Question 9

Smith v Chief Superintendent of Woking Police Station

Answer 9

AR: the fear must be of “immediate” unlawful force

Question 10

Vanna

Answer 10

MR: intention/subjective recklessness as to causing someone to fear (apprehend) unlawful force

Question 11

Mohan

Answer 11

MR: DI, deciding to bring about a particular consequence

Question 12

Cunningham

Answer 12

MR: SR, foresaw a risk and continues regardless

Question 13

Latimer

Answer 13

transferred malice principle

Question 14

Level of harm

Answer 14

no physical harm, just fear

Question 15

assault checklist

Answer 15

• def s.39 of CJA ‘88
• act (act, words, calls) or negate L,C,I,TvS
• fear, indirect & ‘immediate’ L,D,SvCSWPS
• MR: int/sr V,M,C
• tm L