Assault Flashcards
What is the charge for assault?
- Section 39 of the Criminal Justice Act 1988
-maximum sentence on conviction of 6 months imprisonment or a £5000 fine
What is the Actus Reus?
An act which causes the victim to apprehend immediate unlawful personal force.
Things to consider?
-The v must apprehend
-immediate
-an Act
-unlawful
-personal force
cant be an omission:
R v Lowe 1973
Mr. Lowe, not very intelligent, didn’t get medical help for his sick baby. The baby died from dehydration and malnutrition. He was convicted of manslaughter as he neglected the child’s health under the Children and Young Persons Act 1933.
Words are enough:
R v Wilson 1955
The D shouted ‘get out the knives’ a physical fight developed and the defendant was charged under s.47 OAPA 1861. Lord Goddard stated that the words would by themselves amount to an assault.
The V must apprehend:
R v Ireland 1998
The D made silent, heavy-breathing phone calls to 3 different women over 3 months. D was convicted of assault causing actual bodily harm due to the psychiatric injury on the Vs. The defendant appealed, claiming that silence cannot constitute assault and that psychiatric harm isn’t equivalent to actual bodily harm.
The V must apprehend:
R v Lamb 1967
D jokingly pointed a gun at his friend O’Donaghue, containing two bullets not aligned with the barrel. When D pulled the trigger, the cylinder rotated, causing a bullet to align and kill his friend. D claimed it was a mistake, as he didn’t intend harm and believed the bullets weren’t aligned with the barrel.
The v must apprehend:
Tuberville v savage 1669
D put his hand on his sword and said “if it were not assize-time, I would not take such language from you”
The v must apprehend:
Logdon v DPP 1976
D pointed an imitation gun at the victim in jest. The V was terrified, the D told her it was not real.
Immediate:
Smith v chief superintendent of Woking Police Station 1983
The D entered a private enclosed garden at 11 pm and peered through Miss M’s bedroom window while she was in her nightclothes. Miss M was startled and screamed in fear upon seeing him, prompting her to call the police.
Immediate:
R v Constanza 1997
The D was convicted of assaulting a former female colleague, causing her harm. Over two years, he harassed her with silent calls, letters, vandalism, and threats, leading to her diagnosis of depression and anxiety.
What is the mens rea ?
D must have either intended to cause the victim to apprehend immediate unlawful personal force OR must have seen the risk that the apprehension would be created.
What kind of offence is it ?
summary offence
