non fatal offences - assault

Question 1

act

Answer 1

S39 Criminal Justice Act 1988

Question 2

definition

Answer 2

intentionally or recklessly making V apprehend immediate unlawful violence (fagan V MPC)

Question 3

apprehend

Answer 3

V has general awareness of violence (smith V supt of woking)

Question 4

immediate

Answer 4

V must have a general awareness of violence within a reasonable time (smith V supt of woking)

Question 5

unlawful violence

Answer 5

where D is joking (logdon V DPP), silent phone calls (R V ireland), threatening letters(R V constanza), words can nulify an assault (tuberville v savage)

Question 6

mens rea

Answer 6

D has intention or recklessness to apprehend immediate unlawful violence(R V savage). intention-D aims/desires outcome(R V mohan), recklessness-D realises risk and takes it anyway(R V cunningham)