Non - Fatal offences: Assault Flashcards
1
Q
What kind of offences are assault and battery?
A
Separate summary offences
2
Q
What law in common assault?
A
Common law
3
Q
What act does it come under?
A
S.39 Criminal Justice Act 2988
4
Q
What is the maximum sentence for common assault?
A
6 Months imprisonment
Unlimited fine
5
Q
What is the AR for assault?
A
Act which causes the victim to apprehend unlawful force
6
Q
What can the assault be committed in?
A
Words
Writing (Constanza)
Silence (Ireland)
7
Q
What can negate the D’s actions?
A
Words
8
Q
What happened in Tuberville v Savage?
A
Words indicated no violence would occur so it did not amount to an assault
9
Q
What is the MR for assault?
A
Intention of recklessness as to the assault
