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Non-fatal Offences - Assault (AR: Causing V to fear (:red_flag: R v Lamb…
Non-fatal Offences - Assault
S.39 CJA 1988
AR:
to place another in fear of immediate, unlawful personal violence
MR:
with intention, or recklessness, as to causing fear of violence
AR: The act
:red_flag: Fagan v MPC
assault cannot be committed by omission
:red_flag: R v Constanza
spoken and written words can amount to an assault
:red_flag: Ireland
silence is capable of being an assault
:red_flag: Logdon v DPP
it does not matter whether the threat was genuine, D still apprehended immediate, unlawful personal violence
:red_flag: R v Wilson
words themselves can amount to an assault
AR: Causing V to fear
:red_flag: R v Lamb
not liable if there was no genuine fear, must apprehend immediate unlawful personal violence
:red_flag: Smith v CSWP
immediate means imminent (near future)
:red_flag: Tuberville v Savage
words can negate the fear/take away the assault
:red_flag: R v Light
still depends on other factors occurring at the same time, as words did not take away the assault as a weapon was raised
the fear of any unwanted touching would also be sufficient
the fear of force of unwanted personal violence need not be serious (drawing a fist, throwing a stone etc.)
MR: Recklessness
:red_flag: DPP v Majewski
becoming intoxicated is a reckless course of conduct
:red_flag: DPP v Parmenter
:red_flag: R v Cunningham
Maximum Sentence
6 months imprisonment
A summary offence
and/or fine proportionate to income
up to £5,000
MR: Intention
:red_flag: R v Mohan (Direct)
:red_flag: R v Woollin (Oblique)