Non-fatal Offences-assault Flashcards
Which case helped define the definition?
Fagan V MPC 1969
What was Fagan MPC about?
Someone ran over s police mans foot and then refused to move it
What kind of law offence is assault?
Common law offence
What act is assault charged under?
Criminal Justice Act 1988
What section is assault charged under?
S.39
What kind of offence is assault?
Summary offence
What’s the charges for assault?
6 months or £5000
What does immediate mean in the definition?
It means imminent but not instantaneous
Assault is a basic intent crime-what does this mean?
Intention or subjective recklessness will suffice
What did the case of R v Majewski say?
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
An assault requires what?
Acts or words
What will not suffice for an assault?
An omission
Although the victim does not have to fear violence, they have to what?
Be aware of it
Words alone may amount to an assault was said in what case?
Constanza 1997
Silent phone calls may amount to an assault was said in which case?
Ireland 1997
What was R v Logdon 1976 about and what was the legal principle that came out of it?
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
What is the definition of assault?
Any act which intentionally or recklessly causes a victim to apprehend immediate unlawful personal violent
