Assault Flashcards
(12 cards)
What section is assault contained in?
S.39 Criminal Justice Act
What is the AR for assault?
- An act
- Apprehend
- Immediate
- Unlawful Force
What is the MR for assault?
Intention or recklessness as to cause the V to apprehend immediate unlawful force.
What’s the principle from R v Constanza?
Words can constitute an assault.
What’s the principle from R v Ireland?
Silence can constitute an assault.
What’s the principle from Tuberville v Savage?
Words can negate an assault.
What’s the principle from DPP v Logdon?
An assault can be committed even where there is no actual threat.
What’s the principle from R v Lamb?
No assault unless V apprehends unlawful force.
What’s the principle from Smith v Chief Superintendent?
Immediate means imminent: the near future.
What’s the principle from R v Thomas?
A simple touch can constitute force.
What’s the principle from Mohan?
A decision to bring about the prohibited consequence.
What’s the principle from Cunningham?
There’s a risk of the consequence and D is aware of this risk but takes it anyway.
