Non-fatal Offences-assault

Question 1

Which case helped define the definition?

Answer 1

Fagan V MPC 1969

Question 2

What was Fagan MPC about?

Answer 2

Someone ran over s police mans foot and then refused to move it

Question 3

What kind of law offence is assault?

Answer 3

Common law offence

Question 4

What act is assault charged under?

Answer 4

Criminal Justice Act 1988

Question 5

What section is assault charged under?

Answer 5

S.39

Question 6

What kind of offence is assault?

Answer 6

Summary offence

Question 7

What’s the charges for assault?

Answer 7

6 months or £5000

Question 8

What does immediate mean in the definition?

Answer 8

It means imminent but not instantaneous

Question 9

Assault is a basic intent crime-what does this mean?

Answer 9

Intention or subjective recklessness will suffice

Question 10

What did the case of R v Majewski say?

Answer 10

If d is intoxicated when doing the illegal act then this amounts to recklessness. However d may be reckless when he drinks the alcohol but not necessarily when he commits the crime

Question 11

An assault requires what?

Answer 11

Acts or words

Question 12

What will not suffice for an assault?

Answer 12

An omission

Question 13

Although the victim does not have to fear violence, they have to what?

Answer 13

Be aware of it

Question 14

Words alone may amount to an assault was said in what case?

Answer 14

Constanza 1997

Question 15

Silent phone calls may amount to an assault was said in which case?

Answer 15

Ireland 1997

Question 16

What was R v Logdon 1976 about and what was the legal principle that came out of it?

Answer 16

D showed V a gun which caused v to apprehend immediate unlawful violence -
Lp- apprehension of immediate unlawful personal violence will amount to an assault

Question 17

What is the definition of assault?

Answer 17

Any act which intentionally or recklessly causes a victim to apprehend immediate unlawful personal violent