non-fatal offences - assault Flashcards
1
Q
actus reus
A
causing the victim to apprehend immediate and unlawful force
2
Q
assault - mens rea
A
intention or recklessness as to the assault
3
Q
what act does assault come under?
A
s.39 Criminal Justice Act 1988
4
Q
maximum custodial sentence and fine for assault
A
six months
£5000
5
Q
R v Constanza (1997)
A
written words satisfied the requirement
6
Q
R v Ireland (1997)
A
silent phone calls also sufficed
7
Q
Smith v Chief Superintendent of Woking police station
A
Defendant looked through victims window at night and the victim was terrified and thought they were going to break in and attack. The court held that the victim was frightened by his conduct. That was enough to satisfy immediate
8
Q
negating assault case
A
tuberville v savage
