assault

Created by

Anosh Eric

Cards (17)

assault can be defined as an act that causes the victim to apprehend the infliction of immediate and unlawful force. The defendant either intends to cause another to fear immediate unlawful personal violence, or is reckless as to whether such fear is caused.
An assault requires some positive act, not an omission.
Assault can be through verbal or written words, as shown in the case of r v Constanza
What are the facts of r v constanza?
The D wrote over 800 letters and made a number of phone calls to the victim. The victim interpreted the last two letters as clear threats.
what is the significance of the case of r v Misalati?
It shows how spitting on someone can be the actus reus of assault
what case shows how spitting on someone can be the actus reus of assault?
r v Misalati
what is the significance of r v Ireland?
it shows how silence can amount to assault
what case shows how silence can amount to assault?
r v ireland
what case shows how the victim must fear violence for them to have been assaulted?
r v Lamb
what is the significance of the case of r v lamb?
it shows how the victim must fear violence for them to have been assaulted
what is the signifiance of the case of smith v chief super intendent of woking police station?
It shows how immediate doesn't mean instantaneous, but it means now or the near future
which case shows how immediate doesn't mean instantaneous, but it means now or the near future?
Smith v chief superintendent of woking police station
What is the significance of the case of Tuberville v savage?
It shows how words can negate an assault
Which case shows how words can negate an assault?
Tuberville v savage
The men's rea of assault is either:
an intention to cause another to fear immediate unlawful personal violence
subjective recklessness as to whether such fear is caused.
what case defined the men's rea of assault?
r v Venna
which section of which legislation defines assault?
Section 39 of the criminal justice act 1988