Assault cases Flashcards
Definition of assault
An act which causes the victim to apprehend the infliction of immediate unlawful force with the intention to cause the victim to apprehend infliction of immediate unlawful force or recklessness to whether such force is feared (Collins v Wilcock)
What assault is sentenced under?
S.39 of the Criminal Justice Act 1988
An act can be words written or spoken
R v Constanza
An act can be a persons conduct
Stevens v Myers
An act can be silence
R v Ireland
Must apprehend immediate unlawful force
Stevens v Myers
No assault if no unlawful force is apprehended
R v Lamb
Immediate can mean imminent
Smith v Chief Constable Woking Police
Words indicating there will be no violence may prevent the act from being an assault
Tuberville v Savage
Negating an assault- Depends on circumstances whether assault or not
R v Light
Factual causation
But for the defendant’s actions would the victim have suffered the same consequence
Factual causation- No (liable)
R v Pagett
Factual causation- Yes (not liable)
R v White
Legal causation- De minimus principle
R v Hughes
Legal causation- Operative and significant cause
R v Smith
