Please enable JavaScript.
Coggle requires JavaScript to display documents.
Non fatal offences LO2 - Assault - Coggle Diagram
Non fatal offences LO2 - Assault
AR Assault
Cause V to fear the application of immediate unlawful force
MR Assault
Intention to cause V to fear the application of immediate unlawful force or subjective (Cunningham) recklessness as to causing V to fear the application of immediate unlawful force
s39 Criminal Justice Act 1988
"Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the sliding scale, to imprisonment for a term not exceeding 6 months or to both."
significance of "immediacy"
Tuberville v Savage (1669)
Words negate assault. If it were not assize time I would not take such language whilst laying hand upon sword.
Smith v Superintendent of Woking Police Station (1983)
It is an offence of The Vagrancy Act 1824 to be in a garden for the unlawful purpose of frightening (which amounts to assault) the occupier of the house.
R v Venna (1975)
MR in assault may consist of intention to apply physical force or recklessness.
R v Constanza (1997)
Telephone call can amount to an assault where it causes the victim to apprehend personal violence
R v Ireland (1998)
making of silent telephone call capable of amounting to assault.
McMillan v CPS (2008)
Officer took her by the arm to escort her on to the street from the garden