Assault Flashcards
1
Q
Assault Act
A
s.39 of the Criminal Justice Act 1988
2
Q
Actus reus
A
any act which causes the victim to apprehend, immediate unlawful personal violence
3
Q
Immediate
A
The force must be immediate, but immediate does not mean instantaneous (Smith v WPS)
4
Q
Personal force
A
Personal force must be unlawful (Ireland)
5
Q
Factual Cause
A
‘but for’ the D’s actions the V would/would not have suffered an assault
6
Q
Legal Cause
A
The D must be the operating and substantial cause meaning that there are no intervening acts which break the chain of causation
7
Q
Mens rea
A
Intention or recklessness to cause the victim to suffer from an assault
Direct intent - main aim and purpose
Indirect intent - virtually certain to occur
Recklessness - when the D knows the risk but goes ahead with it anyway
