Assault

Question 1

What is the definition of assault

Answer 1

Intentionally or recklessly make V apprehend immediate unlawful violence (fagan V MPC)

Question 2

What law does assault fall under

Answer 2

S39 Criminal Justice Act 198i

Question 3

What is the 3 parts for AR in assault

Answer 3

1. Apprehend
2. Immediate
3. Unlawful violence

Question 4

What does apprehend mean

Answer 4

V has an awareness of general violence (Logdon v DPP)

Question 5

What does immediate mean

Answer 5

Violence must occur in a reasonable amount of time (smith v supt of Woking)

Question 6

How can unlawful violence be apprehended

Answer 6

Silent phone calls ( r v Ireland)
Threatening letters (r v Constanza)
Words (tuberville v savage)

Question 7

What is the MR of assault

Answer 7

D has intention or recklessness to make V apprehend immediate unlawful violence
Intention ( r v Mohan)
Recklessness (r v Cunningham)