Non Fatal Offences - Assault Flashcards
1
Q
Definition of assault
A
- D intentionally or recklessly causes V to apprehend imminent unlawful force
2
Q
Punishment of assault
A
- S. 39 Criminal Justice Act 1988
o Fine or 6 months max
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
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