Assault

Cards (8)

  • Assault is defined under s39 of criminal justice act
  • It is a summary offence so only triable in magistrates court
  • Assault is an act which intentionally or recklasley causes the V to apprehend immediate unlawful force
  • The first part of the AR is 'an act' this means an act or words, omissions aren't sufficient
  • This includes letters an=s seen in R V Constanza
  • Includes silent phone calls R V Ireland
  • The second part is 'apprehend unlawful force' which means the act or words must cause the V to apprehend immediate unlawful force. If obvious free can't be used it will not be sufficient as seen in R V lamb force was clearly able to be used in R V Light
  • The mr is either direct intention to cause the V to apprehend force or reckalceness as to whether this force will be apprehended. Recklasness is allowed as seen in R V Parameter