Non-fatals ( Assault)

Question 1

Define the AR of assault

Answer 1

An act which causes the victim to apprehend unlawful, immediate violence

Question 2

Define the MR for assault

Answer 2

Intentionally or recklessly causing the AR

Question 3

List all of the cases illustrating assault

Answer 3

Read v Corker 
Ireland and Burstow 
Logdon 
Lamb 
Ramos 
Smith v Cheif super intendent of working police station 
constanza 
Mohan 
Cunningham 
Collins V wilcock 
Turbille v savage

Question 4

List the facts and ratio of Read v Corker

Answer 4

Facts: D surrounded V and threaterned to break his neck if he did not leave.
Ratio: It does not matter if the opertunity to walk away is there, as long as D caused V fear he will be guilty.

Question 5

List the facts and ratio of Ireland and Burstow

Answer 5

Facts: D stalked V through silent phone calls
Ratio: silence can ammount to an assault

Question 6

List the facts and Ratio or Logdon

Answer 6

Facts: D threatened a customs officer with a replica gun
Ratio: Apprehension of unlawful violence and the defendant was reckless as to cause it

Question 7

List the fact and Ratio of Lamb

Answer 7

Facts: D and V were playing with a revolver gun. D pointed the gun at V and it revolved and fired:
Ratio: It is not an assault as V believed it was safe and did not fear violence from D

Question 8

List the facts and ratio of Ramos

Answer 8

D distributed racist letters threatening a bomb attack.

Ratio: Initially acquitted but decision reversed on appeal to state that fear is the main ingredient to an assault.

Question 9

List the facts and Ratio of Smith v Chief super intendent of working police station

Answer 9

Facts: D was caught looking through V’s bedroom window.
Ratio: Convicted still because even though there was no means of entry to the propety, V still aprehended force.

Question 10

List the facts and Ratio of Constanza

Answer 10

Facts: D stalked a lady, wrote 800 letters to and waited outside her workplace.
Ratio: The interpretation of ‘immediate force’ is loose but the last two letters apprehended fear

Question 11

List the facts and ratio of Mohan

Answer 11

D drove his car at a police officer but did not hit, attempting GBH.
Ratio: D’s aim or purpose to bring about the assault is the key ingredient in MR. Intension established subjectivly.

Question 12

List the facts and ratio of cunningham

Answer 12

D tore gas metre off the wall and gas seeped into his neighbours house.
Ratio: D must foresee the risk subjectivly

Question 13

What section is assault governed under?

Answer 13

S.39 of the CJA

Question 14

List the facts and ratio of turbiville v savage

Answer 14

D put his hand on his sword and said “if it were not assize time, I would not take such language from you” Words can prevent an act from being an assault