non fatal offences- assault Flashcards
to be guilty you need...booklet 7
definition of assault
an act to cause the victim to apprehend immediate unlawful force or recklessness
examples of what could be an assult
making a threat
pointing a gun
raising a fist
throwing a stone
what case gives a definition of assault
r v nelson
‘‘d has to do something of a physical kind which causes someone to apprehend they are about to be struck’’
to be guilty d must have done the following (actus reus) (4)
an act
causes the victim to apprehend
immediate
unlawful force
to be guilty d must have done the following (mens rea) (2)
intention OR recklessness to cause the victim to apprehend immediate unlawful force
an act- actions case
Logdon v DPP
(v thought fake gun was real and was terrified)
an act- written words case
R v Constanza
(harassed colleague through written words)
an act- silence case
R v Ireland
(silent phone calls)
an act- indirect threats case
R v Dume
(released his dog towards a police officer and told him to “kill that man”. The dog bit the officer on the leg)
an act- continuing acts case
Fagan V MPC
(accidentally drove onto a police officer’s foot, but on realising he had done so he refused to move the car)
causing victim to apprehend- no fear means no assault case
R v Lamb
(both believed gun was fake)
causes victim to apprehend- victim must fear actual force
Smith v CC of Woking
(stranger in garden)
imminent definition
likely to happen soon but not immediate
immediate- case that defines immediate
(case already learnt)
Smith v CC of Woking
defined ‘immediate’ as ‘imminent not instantaneous’
how does Tuberville v Savage contribute to the meaning of immediate
d put hand on sword and said he would take action if it wasn’t that time of day so d was not guilty as his words demonstrate his threat was not immediate
