- Created by: matilda325436
- Created on: 20-09-19 09:33
Non-Fatal Offences Against the person.
Summary offence: maximum of 6 months
CL (offence defined through cases)
Actus Reus of assault
The victim must apprehend
Fagan v mpc
D accidentally drove onto the policeman's foot. The policeman shouted at him to get off. D refused to move. argued at the time of the actus reus, the driving onto the foot, he lacked the mens rea of any offence since it was purely accidental. When he formed the mens rea, he lacked the actus reus as he did nothing.
Courts defined ASSAULT as "Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence"
D causes the victim to apprehend immediate violence
Case law show … could constitute this
D held up a replica gun, victim terrified…