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26 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What act is assault constituted under? |
S39 of the criminal justice act 1988 |
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What is the maximum sentence of assault? |
6 months imprisonment |
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What is the AR of assault |
An act that causes the victim to apprehend immediate unlawful force. |
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What is meant by an act? |
An assault requires some act or words, an omission is not sufficient. |
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Act cases: what is the point of law in Constanza? |
Letters could be an assault |
800 letters |
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Act cases: what is the point of law from Ireland? |
Even silent phone calls could amount to an assault. |
Series of _ over three months. |
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Act cases: what happened in Misalati? |
Racial and verbal abuse and spitting. |
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Apprehension of Immediate unlawful force cases: what is the point of law in lamb? |
There must be apprehension of immediate unlawful force or There will be no offence. |
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Explain the result of the case of lamb. |
Pointing an unloaded gun at someone who knows it is unloaded cannot be assault as the other person does not fear immediate force. |
Unloaded |
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Immediate-imminent cases: Explain smith v CSWPS |
V terrified at man when they entered a garden at 11pm. However unsure if they would break in or not so threat was imminent. |
Breaking in? |
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Immediate-imminent cases: what is the point of law in tuberville v savage? |
Words indicating there will be no violence may prevent an act being an assault. |
Words |
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What is the difference between tuberville v savage and R v light? |
It depends on circumstances, the words in the circumstances were not enough to negate the fear. |
Circumstances |
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Examples of assault. |
Raising a fist, throwing stone but missing, pointing loaded gun, making a threat. |
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What is the men’s rea of assault? |
Intention or recklessness as to causing the victim to apprehend immediate unlawful force. |
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How do you apply intention? |
Aim, purpose or desire |
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How do you apply recklessness? |
It must have crossed their mind |
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What act is battery constituted under and max sentence? |
S39 criminal justice act 1988 Up to 6 months |
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What is the AR of battery? |
The application of unlawful force to another person. |
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What is the MR of battery? |
Intentionally or recklessly applying unlawful force to another. |
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Force needed cases: what is the point of law in Colin’s v Wilcock? |
Only the slightest tough is enough for battery. |
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Force cases: what is the point of law in Thomas? |
Even touching clothing is enough for battery. Rubbing the bottom of a woman’s skirt whilst she was wearing it amounted to applying unlawful force. |
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What is a case and point of law for police force whilst arresting? |
Pegram v DPP- it is lawful for police to make moderate acceptable physical contact with another to attract attention. However physically detaining without intending to arrest is assault. |
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Battery can be through an indirect act, what case? |
Martin |
Iron bar |
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Battery can be through an indirect act such as a booby trap, which case and point of law? |
DPP V K: force need not be applied directly. |
Sulphuric acid |
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Criminal liability can arise by omission where the d is under a duty to act, what case? |
DPP v Santana bermudez |
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Can there be a battery without an assault? |
Yes, assault without battery and battery without assault is possible. E.g if your stabbed in the back and didn’t witness the attack then that is battery without assault. |
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