Non-fatal offences-Assault Flashcards
What does non-fatal mean?
Doesn’t cause death
What is the AR of Assault?
Causing apprehension of immediate and unlawful violence.
What is the MR of Assault?
Intention or subjective recklessness thereto (to do the AR)
What is the MR of Assault?
Intention or subjective recklessness thereto
Where does assault come from?
Common law
What is common law?
Law deriving from cases
Define assault.
Causing the victim to apprehend (expect) force
What forms common assault?
Battery and assault
Why do assault and battery form common assault?
They come from common law.
Give an example of an assault.
Threatening to hit someone
Give an example of a battery.
Hitting someone unexpectedly from behind.
Give an example of assault and battery (common assault)
Threatening to hit someone, then doing so.
In what case did the House of Lord confirm the definition of assault?
Ireland and Burstow (1997)
What does apprehend mean?
Expect
What did the House of Lords confirm the definition of assault as in Ireland and Burstow (1997)?
Assault is an act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
Which section of which Act provides what type of offence assault and battery are and what their maximum sentence and /or maximum fine is?
s.39
Criminal and Justice Act 1988
What type of offences are assault and battery according to s.39 of the Criminal and Justice Act 1988?
Summary offences
What is the maximum sentence and/or maximum fine according to s.39 of Criminal and Justice Act 1988?
Maximum sentence of six months and/or maximum £5000 fine (level 5 standard scale)
What does the Criminal and Justice Act 1988 not provide?
A definition of either battery or assault.
These come from common law.
What are the 5 elements of the actus reus of assault?
- An act
- Causing
- Apprehend
- Immediate
- Unlawful violence
What 4 things does the element of actus reus of assault ‘An Act’ tell us?
- Words can be assault
- Silence without a gesture can be an assault
- Words can negate an action
- “Conditional” offers can still be assault
Which case shows that words can be assault?
Meade and Belt (1823)
What did the judge say in Meade and Belt (1823)?
‘No words or singing are equivalent to an assault.’
What case was the saying in Meade and Belt, said by the judge, overturned by the CoA with?
Constanza
What are the facts of Constanza?
A stalker sent over 800 threatening letters.
Followed the V home.
Wrote offensive messages on her front door.
Drove past her house.
Stole items from her washing line.
In Ireland what did Lord Steyn confirm by giving an example?
If a man accosts (approaches) a woman (can be used interchangeably now) in a dark alley saying ‘come with me or I’ll stab you’ then this is assault.
Which cases are used for silence without a gesture can be an assault?
Ireland
Smith v Chief Superintendant of Woking Police Station
Summarise the facts of Ireland.
Silent calls
Which case shows that words can negate (invalidate) an action?
Tuberville v Savage (1669)
Summarise the facts of Tuberville v Savage (1669).
A D angered by comments made to him put his hands on his swords but said: “If it were not assize time I would not take such language.”
Which case shows that “conditional” offers can still be assault?
Read v Coker (1853)
Summarise the facts of Read v Coker (1853).
D and his servants surrounded V threatening to beat him up if he did not leave premises; this was an assault.
What rules apply to the element of causing?
Normal rules of causation.
Summarise the normal rules of causation.
Factual causation (“but for” test)
Legal causation (“operative and substantial cause”)
Complication-medical error, take your victim as you find them, V’s own actions
What does the element ‘apprehend’ mean?
Expect/anticipate
The definition of assault does not say that the V has to fear assault but merely what?
Expect it
Give an analogy regarding the V having to merely expect assault not fear it.
A little old lady could threaten a heavy weight boxer and it would still (in theory) be assault.
What cases are used to represent the element apprehend?
Lamb (1967)
Burstow (1997)
Summarise facts of Lamb (1967).
Two friends were playing with a revolver when one accidentally shot the other dead-as the V had not apprehended that the gun would fire, there was no assault.
What did the courts confirm in Burstow (1997).
The apprehension of violence does not have to be rational (reasonable) in the panic of the moment, provided it is genuinely held.
Regarding the immediate element what did the V have to traditionally fear and how has this changed?
Traditionally the V has had to fear immediate force.
Recent cases=concept of immediacy has been considerably weakened.
Which cases are used to explain the immediate element?
Smith v Chief Superintendant of Woking Police Station
Ireland and Burstow
Summarise the facts of Smith v Chief Superintendant of Woking Police Station (1983)
The victim at home in her flat
Terrified to see D staring at her from garden
Accused could not easily enter flat as door were locked.
D found guilty as V did not know what he was going to do next.
Why did the court deem the assault immediate in Smith v Chief Superintendant of Woking Police Station (1983)?
She feared the D would go on to commit violence sufficiently immediately for the purpose of the offence.
On what basis were silent calls liable in Ireland and Burstow?
The V could have feared an imminent (on the way) attack based on the fact she had received their calls.
Why is the phrase “apprehend immediate and unlawful force” used instead of the unlawful violence (element of actus reus of assault)?
Word violence is misleading
The V is not required to apprehend any injury, pain or harm.
Assault can be committed even when the “force” is what?
A mere touch, provided the touch is unwanted.
In what case was the mens rea of assault confirmed?
Savage (1997)
What is the mens rea of assault?
a) a direct intention to cause the victim to apprehend violence
b) recklessness as to whether the victim apprehends violence
[indirect intent most likely won’t come up]
What case is used for direct intent?
Mohan (1976)
What case is used for recklessness?
Cunningham
IF indirect intent comes up, what test is it?
Was there virtual certainty of the criminal consequence?
Did the D know this?
IF indirect intent comes up, what is the case?
Woollins
