Non-fatal Offences - Assault Flashcards
Read v Coker
Gestures/actions can be an assault
(e.g. raising a fist)
R v Ireland
Silence can be assault e.g. silent phone calls
Spoken words can be assault e.g. verbal threats
R v Constanza
Written words can be assault
e.g. letters
Tuberville v Savage
Words can negate what would otherwise have been an assault
Logdon v DPP
It’s possible for V to apprehend force even if the use of force is not possible (as long as V believes it is possible)
Smith v CCoW
“immediate” doesn’t necessarily mean straight away, it just has to be in the near future
Assault Actus Reus
Causing V to apprehend immediate unlawful force
Assault Mens Rea
Intention or recklessness to cause V to apprehend immediate unlawful force