Assault Flashcards
(19 cards)
What is the definition of Assault?
To intentionally or recklessly cause the apprehension or fear of immediate force
What is the Act and Section number for assault?
Section 39 - Criminal Justice Act 1988
What is the case that states no fear = no assault?
R vs Lamb
What is the POL from R vs Lamb?
No fear = No assault
What case states silent phone calls can constitute an assault?
R vs Ireland
What is the POL from R vs Ireland?
Silent phone calls can constitute an assault
What case states threatening letters can constitute an assault?
R vs Constanza
What is the POL from R vs Constanza?
Threatening letters can constitute to an assault
What is the case that states if a statement is a joke and no fear is caused then there is no assault?
Chambers vs DPP
What is the POL from Chambers vs DPP?
As it was a joke and no fear was caused it was not an assault
What case states visible fear from a verbal attack constitutes an assault?
R vs Misalati
What is the POL from R vs Misalati?
Evidence of fear from verbal/racist attack added up to an assault
What case states words can cancel an assault?
Tuberville vs Savage
What is the POL from Tuberville vs Savage?
Words can cancel an assault
What case states fearing the possibility of immediate force can count as an assault?
Smith vs Chief Superintendent of Woking Police Station
What is the POL from Smith vs Chief Superintendent of Woking Police Station?
Fearing the possibility of immediate force counts as an assault
What is the Mens Rea for Assault?
Intention (Direct/Indirect)
Recklessness
What case defines recklessness?
R vs Cunningham
What is the quote for recklessness and what is it called?
Cunningham Recklessness - The defendant appreciates there is a risk but takes it anyway
