Law 03 NFO Assault

Ireland - Confirming the definition of the actus reus 

Ireland - Words or silence can be an assault 

Constanza - Letters can be an assault 

Smith v Working Police - Looking at someone can be an assault depenidng on circumstances 

Logdon - Victim can apprehend immediate violence even if there is no danger (ie fake gun) 

Turberville v Savage - Words can negate an offence ("If it were not Assize time") 

Lamb - If the victim is not affarid there is no assault (ie playing with a gun with a friend) 

Pagett - Actions would not of happened 'but for' the defendants actions 

White - But for white's actions his mother still would have died 

Smith - Defendant is the overwhelimg cause of the harm and are the legal cause 

Cheshire - Poor medical treatment will not normally break the chain of caustion if X made a signifcant contribution to the death 

Malcherek - Turning off life support will not break caustaion 

Roberts - A forseeable intervening act will not break the chain of caustion 

Williams - An unreasonable act will break the chain of caustion 

Cato - If defendant injects drugs into a victim there is no break in caustion 

Kennedy - Shows that self-injection of a drug does break the chain of caustion 

Blaue - A particular weakness of the victim will not break the chain of causation (Thin Skull Rule) 

Savage - Confriming the defintion of the mens rea 

Mohan - States intention is the decision to bring about the state of affairs 

Cunningham - Subjective recklessness is when the defendant realises the risk but goes ahead with it 

Latimer - Aiming at one person but hitting another is enough to make the defendant liable the mens rea does not require a name 

Fagan - Shows a continuing act where the AR and MR coincide but the AR is before the MR 

Thabo Meli - Shows a series of events where the MR and AR coincide but the MR before the AR