Non- Fatal Offences Flashcards
Common assault includes…
Assault and battery
Act of parliament for common assault
S39 of the Criminal Justice Act 1988
Definition of assault
Intentionally/ recklessley causing the V to apprehend immediate unlawful violence (Fagen v MPC)
AR of assault
- Apprehend
- Immediate
- Unlawful violence
What does ‘apprehend’ mean?
Causing V to have a general awareness of violence
Case for apprehend
Smith v Supt of Woking Police
What does ‘immediate’ mean?
The unlawful violence could occur within a reasonable amount of time.
Case for immediate
Smith v Supt of Woking Police
HOW can the V apprehend this unlawful violence?
Actions, words, gestures, silent phone calls
Case for causing assault even when the D is joking
Logdon v DPP
Case for silent phone calls
R v Ireland
Case for threatening letters
R v Constanza
Case for threatening letters
R v Constanza
What does ‘words can nullify an assault’ mean?
Cancel the assault out
Case for words nullifying an assault
Tuberville v Savage