assault

• what legislation govern what assault is?

  Section 39 of the criminal justice act 1988 and common law
• What is the actus reus of assault?

  When the defendant causes the victim to apprehend immediate peersonal violence
• what is the signficance of the case of r v ireland?

  Silence can ammount to the actus reus of assault
• what is the significance of the case of r v constanza?

  Words alone can ammount to the actus reus of assault
• what is the signficance of the case of r v lamb?

  The victim must fear violence for the actus reus of assault to be established
• what is the significance of the case of smith v chief constable of woking police?

  It defined immediate as, 'some time in the near future'.
• what is the significance of the case of turberville v savage?

  Words can negate the assault
• what is the men's rea of assault?

  Where the Defendant intends to or is subjectively reckless in causing the victim to apprehend immediate personal violence
• what does it mean if the defendant was subjectively reckless in assaulting a victim?

  This means they recognised the risk that they will cause the victim to apprehend immeidate personal violence, they give thought to the risk and takes it anyways.