Offences Against the Person Flashcards
What is the definition of assault?
Intentionally or recklessly causing the apprehension of immediate unlawful personal violence – definition comes from common law
But power to charge is statutory s29
Is a result crime – does not focus on acts
What is apprehension concerning assault?
subjective (to V) expectation or anticipation
Does not necessarily require ‘fear’ per se
Words/silence can be apprehension
ALso does not need to violence - any level of unwanted touching will do
R v Ireland [1997] 4 All ER 225
Offences against the person
Ar: Apprehension with relation to assault
silent telephone calls
Conjoined appeal s47 offence
Large number of silent telephone calls to women
Women then diagnosed by psychiatrist and they had psychological issues
Went to HL
Effect of calls made women feel that the caller could arrive at their door iminently
When words are used where there would be no voilence assault can not be
Turberville v Savage [1669] 1 Mod Rep 3
Offences against the person
AR: Apprehension with relation to assault
conditional threat (impossible condition)
Insulted T
S was not expecting T to do him no harm
What \t may have done if the judges werent there does not matter
