Unit 2 2 Flashcards
1
Q
Assault definition
A
D must intentionally or recklessly cause another person to apprehend immediate unlawful personal violence (Fagan).
S39 Criminal Justice Act (1988).
2
Q
Assault apprehend def and case
A
This means an awareness of violence.
Smith v Chief Constable of Woking (1983)
Logdon v DPP (1976)
3
Q
Smith v Chief Constable of Woking (1983)
A
In this case V did not know exactly what D would do to her but there was a general awareness of violence and that was enough.
4
Q
Logdon v DPP (1976)
A
D showed V a pistol in a drawer and told her he would hold her hostage. This was held to be an assault even though it was a joke. As long as D makes V apprehend violence D is guilty.