non-fatal offences- assault Flashcards
(6 cards)
1
Q
where was assault defined
A
section 39 of the criminal justice act
2
Q
assault is…
A
an intentional or reckless act that causes the apprehension ( fear) of the infliction of immediate unlawful force (nelson)
3
Q
actus reus
A
an act that causes the apprehension(fear) of the infliction of immediate unlawful force
4
Q
what kind of actions can be assault
A
act/gesture(logdon )
words(constanza)
calls/stalking(ireland,burstow)
5
Q
additional rules in AR
A
- words may negate the force( ruberville v savage)
- must cause fear( lamb)
- must be immediate (smith v chief superintendent woking police station)
IF RELEVANT- may be indirect FEAR (dune)
6
Q
mens rea
A
direct or reckless intent as to causing the apprehension of the infliction of immediate unlawful force.
intent can be direct(mohan) or reckless (cunningham)