Law: Assault

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  • Created by: ChloeD99
  • Created on: 19-11-15 17:41
The main features of Assault are....
• Victim focused crime- the victim has to react to the threat. • Requires no contact (a threat).
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Actus Reus of Assault is....
• An act which causes the victim to apprehend the infliction of immediate unlawful force. • Stated in Ireland and Burstow. • Act + Apprehend + Immediate = AR of Assault
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Mens Rea of Assault is...
• Intention to cause anther to fear immediate unlawful force or recklessness as to whether such fear is caused.
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Act in Actus Reus of Assault means....
• Physical or verbal threat or a combination of both. • Omissions are not sufficient to constitute as an assault.
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The case for 'act' in actus reaus is....
Ireland: • It was held that silent phone calls can constitute as an assault, they are considered to be an act.
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Apprehend in Actus Reus of Assault means....
• The victim has to be aware that something may happen. • The victim’s perception.
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The case for 'apprehension' is....
Lodgon v DPP: • Defendant showed the victim a gun in his desk, said it was loaded and would take her hostage. The gun was fake. Assault was still committed as the victim apprehended force (believed he would use the gun).
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Immediate in Actus Reus of Assault means....
• Immediate does not mean instantaneous just has to be imminent ( in the near or potential future). • Barrier between victim and defendant. • Victim may not even know where the defendant is.
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The case for 'immediate' is....
Smith v Chief: • Defendant broke into the victim’s garden and was seen by the victim staring through her window. Defendant was found guilty as even though the force wasn’t instantaneous it was considered imminent (could happen).
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In addition, the case for 'immediate' can also be.....
• Defendant wasn’t near the victim at the time of the threat (stalking).• Only need to prove an apprehension of violence at some time not excluding the immediate future.
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The case that demonstrates that words can negate an assault but words can not negate words is....
Tuberville v Savage: • Defendant placed his hand on his sword and said to the victim that if it was not for the fact that the judges were in town I would not take such language from you. • Words can negate the assault but words cannot negate words.
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Intention in the mens rea for assault or battery is when....
• Specific intention- defendant decides to bring about the prohibited consequence- intention is a deliberate act to bring about the desired circumstance.
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The case used for intention is.....
Mohan: • Defendant was driving his car and responded to police officer’s signal to stop. Defendant slowed down but then accelerated towards the police car. He was found guilty as the defendant decided to bring about the prohibited consequence. The mo
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Recklessness in the mens rea of assault or battery is....
• Taking an unjustifiable risk.
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The case used for recklessness is....
Majewski: • Beat up the landlord in the pub and then the police that had been called due to drinking. Recklessness due to intoxication is not a defence for assault. • The Court ruled that Cunningham test should be used for recklessness.
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The charges for an assault or battery are....
• 6 month imprisonment • £5,000 fine • Both • Heard in the Magistrates Court as a summary offence.
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Other cards in this set

Card 2

Front

• An act which causes the victim to apprehend the infliction of immediate unlawful force. • Stated in Ireland and Burstow. • Act + Apprehend + Immediate = AR of Assault

Back

Actus Reus of Assault is....

Card 3

Front

• Intention to cause anther to fear immediate unlawful force or recklessness as to whether such fear is caused.

Back

Preview of the back of card 3

Card 4

Front

• Physical or verbal threat or a combination of both. • Omissions are not sufficient to constitute as an assault.

Back

Preview of the back of card 4

Card 5

Front

Ireland: • It was held that silent phone calls can constitute as an assault, they are considered to be an act.

Back

Preview of the back of card 5
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