Assault
Cards (10)
- DefinitionAn act causing V to apprehend immediate and unlawful violence with the intention or recklessness as to cause V to apprehend immediate unlawful violence. Under S39 of the criminal justice Act 1988.
- An actR v Ireland confirmed that an act con be satisfied by words, actions or even silence.
- R v IrelandFacts: D made a series of silent telephones calls over 3 months to 3 different women.Held: D was found guilty of an assault.Ratio: Because of the intimidating nature of the phone calls, the silent calls were sufficient to be an assault.
- ApprehensionHaving a general awareness (Smith v Superintendent of Woking Police)
- Smith v Superintendent of Woking PoliceFacts: D peered through V's window late at night, V screamed when she saw him and called the police.Held: D was found guilty of an assaultRatio: Despite being locked inside V feared what D was going to do next.
- Logdon v DPPFacts: D pointed a replica gun at V in jest, she was terrified.Held: D was found guilty of an assault.Ratio: The fact that the gun was a replica was irrelevant as long as V in the moment apprehended violence.
- R v LambFacts: two boys were playing with a revolver, D pointed it at the other boy, it fired and killed V.Held: D was found not guilty of assaultRatio: V was laughing and joking with D until the moment of his death. Therefore, there was no apprehension of immediate unlawful violence.
- Immediatedefined as within a reasonable period of time (Smith v Superintendent of Woking Police)
- MRIntention (R v Mohan) or Recklessness (R v Cunningham) (R v Venna)
- R v VennaFacts: while being arrested, D fought so violently that it took 4 police officers to get him into the vehicle, during this time her was kicking indiscriminately and broke an officer's finger.Held: D was found guilty of common assault.Ratio: Assault requires to either intend to cause V to apprehend immediate unlawful violence or to know there is a risk of it happening and to do it anyway.