Non Fatal Offences - Assault Flashcards

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1
Q

Definition of assault

A
  • D intentionally or recklessly causes V to apprehend imminent unlawful force
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2
Q

Punishment of assault

A
  • S. 39 Criminal Justice Act 1988
    o Fine or 6 months max
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3
Q

Actus Reus for assault (7)

A
  • R v Ireland; R v Burstow
    o Words and gestures can amount to assault
    o Silence amounting to assault depends on circumstances – depends if V feels apprehensive of possible violence
  • Tuberville v Savage
    o Words may negate an assault – wording used may show they are not intending to act
  • Read v Coker
    o A conditional threat may amount to assault
    o Threatened to break servant’s neck if he did not leave the premises – caused apprehension so would be assault
  • Logdon v DPP
    o Threatened to take D hostage – because gun was fake would have been unable to kidnap her. As soon as victim apprehended the force, assault occurred
    o The fact that he did not intend to carry out the threat or was incapable of doing so provided no defence; all that was needed was that the victim apprehended violence
  • IMMINENCY/IMMEDIACY
  • Smith
    o Apprehended a sufficiently immediate application of force
    o Woman looked out of window and saw man standing outside
  • Ireland
    o Fear the possibility of immediate personal violence – did not know where the silent caller was
  • Constanza
    o A fear of violence at some time not excluding the immediate future – letters sent to victim and last two were threatening so violence could be imminent
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4
Q

mens rea for assault (2)

A
  • Venna
    o An assault can be committed recklessly
  • Savage, Parmenter
    o Requires subjective recklessness – D would have been aware of risk that their conduct would cause victim to apprehend immediate force
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