Non Fatals- Assault

Question 1

AR of assault

Answer 1

Causing V to apprehend immediate unlawful violence

Question 2

MR of assault

Answer 2

Intentionally or recklessly causing the AR

Question 3

Where is the law on assault defined

Answer 3

Common law

Question 4

Act D is charged under for assault

Answer 4

S.39 criminal justice act

Question 5

Category of offence

Answer 5

Summary

Question 6

Maximum sentencing

Answer 6

6 month and a £5000 fine

Question 7

Ireland and burstow

Answer 7

D’s made a lot of phone calls to different women remaining silent when they answered. Held that an assault can consist of any act causing v to apprehend an immediate application of force. Guilty, ar complete as d caused psychological damage

Question 8

Read v Coker

Answer 8

D and his man surrounded v and threatened to break his neck if he didn’t leave . Guilty it was an assault the condition attached to threat wasn’t enough to nullify it. AR complete as d caused v to apprehend

Question 9

Lamb

Answer 9

D and V playing with a revolver D pointed the gun at V pulled the trigger killing V he thought it wouldn’t fire. Not guilty no assault, as V didn’t apprehend immediate violence as he thought it was safe

Question 10

Ramos

Answer 10

D distributed racist letters threatening a bomb attack. Initially acquitted due to lack of immediacy, decision revered on appeal as the key point was D’s fear. AR complete, letters caused apprehension