Assault

Question 1

Definition + legislation

Answer 1

~ Common law offense
~ “Causing the victim to apprehend immediate unlawful personal violence”
~Criminal Justice Act 1988

Question 2

Elements

Answer 2

1) an act
2) causes v to apprehend immediate unlawful force
3) intention of recklessness (MR)

Question 3

1) an act

Answer 3

~ not an omission
~ verbal or not verbal
(r v Constanza)
> eg. Threats , gestures , threatening letters etc. (r v constanza), silent phone calls (r v Ireland) , spitting and missing (r v misilati)

Question 4

2) causes v to apprehend immediate unlawful violence

Answer 4

~ cause v to apprehend that immediate force is going to be used against him (R v logdon)
~ silence or words alone can amount to assault (r v Ireland)
~ no assault if situation is obvious that d cannot actually use force (r v lamb)
~ words indicating there will be no violence prevent an act from being assault (tuberville v savage)
~ force must be immediate = not instant but imminent (smith v chief superintendent of working police

Question 5

3) intention or recklessness

Answer 5

~ direct intent (r v Mohan)
~ oblique intent (r v Woolin)
~ recklessness (r v Cunningham)

Question 6

Maximum sentence

Answer 6

~ 6 months imprisonment
~ £5000 fine