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