non fatal offences- assault Flashcards
to be guilty you need...booklet 7
definition of assault
an act to cause the victim to apprehend immediate unlawful force or recklessness
examples of what could be an assult
making a threat
pointing a gun
raising a fist
throwing a stone
what case gives a definition of assault
r v nelson
‘‘d has to do something of a physical kind which causes someone to apprehend they are about to be struck’’
to be guilty d must have done the following (actus reus) (4)
an act
causes the victim to apprehend
immediate
unlawful force
to be guilty d must have done the following (mens rea) (2)
intention OR recklessness to cause the victim to apprehend immediate unlawful force
an act- actions case
Logdon v DPP
(v thought fake gun was real and was terrified)
an act- written words case
R v Constanza
(harassed colleague through written words)
an act- silence case
R v Ireland
(silent phone calls)
an act- indirect threats case
R v Dume
(released his dog towards a police officer and told him to “kill that man”. The dog bit the officer on the leg)
an act- continuing acts case
Fagan V MPC
(accidentally drove onto a police officer’s foot, but on realising he had done so he refused to move the car)
causing victim to apprehend- no fear means no assault case
R v Lamb
(both believed gun was fake)
causes victim to apprehend- victim must fear actual force
Smith v CC of Woking
(stranger in garden)
imminent definition
likely to happen soon but not immediate
immediate- case that defines immediate
(case already learnt)
Smith v CC of Woking
defined ‘immediate’ as ‘imminent not instantaneous’
how does Tuberville v Savage contribute to the meaning of immediate
d put hand on sword and said he would take action if it wasn’t that time of day so d was not guilty as his words demonstrate his threat was not immediate
unlawful force acts (2) and case (1)
Wilson v Pringle
Criminal Law Act s.3
s.117 Police and Criminal Evidence Act (PACE)
mens rea- which case confirmed what
R v Cunningham confirmed the test for recklessness is subjective- d would need to foresee a risk of v’s fear meaning it depends on what d personally foresaw
Wilson v Pringle
implied consent to the ‘‘ordinary jostlings of everyday life’’ (common, minor physical contacts that occur during routine interactions among people)
Criminal Law Act s.3
application of force when self defense is needed is lawful
s.117 Police and Criminal Evidence Act (PACE)
force can be used by police when making an arrest
