Non- fatal offences- ASSAULT Flashcards
WHAT IS AN ASSAULT? IRELAND?
D must intentionally or recklessly cause V to apprehend immediate and unlawful force: IRELAND.
FAGAN V MPC?
There must be an act or words for an assault; an omission isn’t enough.
LOGDON V DPP?
To ‘apprehend’ something means to be aware of it. V doesn’t have to be scared, nor does V have to be in danger.
SMITH V SUPERINTENDENT OF WOKING POLICE STATION?
There must be an apprehension of ‘immediate’ force, it is sufficient if D does something that makes V aware that thee would be unlawful force at some unpredictable moment in the near future.
TUBERVILLE V SAVAGE?
Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault.
MENS REA OF ASSAULT?
Must be either intention or recklessness as to causing V to apprehend immediate and unlawful force: VENNA.