Assault

Question 1

Section and act

Answer 1

S.39 CJA

Question 2

Case that defined it

Answer 2

Fagan

Question 3

Definition

Answer 3

Causing another to apprehend immediate u lawful force - fagan

Question 4

How can assault come about (which acts)

Answer 4

Silence - Ireland

spoken or written - constanza

omission - Fagan

continuing act theory - Fagan

duty from creating a danger - DPP v santa-bermudes

Question 5

Do we need causation?

Answer 5

Yes ordinary rules

Question 6

Apprehension cases

Answer 6

Lamb - disnt think gun go off so not scared

Logdon - doesn’t matter if able to carry out threat

Smith v superintendent - not knowing what D would do next but coukd he violence would be enough

Question 7

Immediate cases

Answer 7

Tuberville v savage

Smith v superintendent - suffiecently immediate for purposes of case

ireland - may be imminent

constanza - sometime not excluding immediate future

Question 8

Unlawful meaning

Answer 8

Collins v Wilcock - no defence

Question 9

case for MR

Answer 9

Venna - int or reck