Section 39 Criminal Justice Act 1988: Assault
Assault
Assault is known as a common assault. The maximum sentence for this crime is six months in prison or a £5000 fine as it is only a summary offence.
Actus Reus: The defendent uses words or gestures to cause the victim to apprehend immediate and unlawful violence.
Ireland: Held silent phone calls caused the victim to apprehend immediate and unlawful violence as she didn't know where the phone calls were coming from.
Logdon: Held if the victim believed that the gun was real they apprehended violence, if they knew that it was fake then assault would fail.
Tuberville v Savage: Held the words "if this wasn't assize time" took back the assault.
Mens Rea: Intention or recklessness as to causing the victim to apprehend immediate and unlawful violence.
Extra Cases
Constanza: Held this is an assault as words alone can be an assault and the victim read the letters as a threat.
Smith v Superintendent of Woking: Held this immediately satisfies assault as the victim didn't know what he would do next and therefore apprehended unlawful violence.
Assault is known as a common assault. The maximum sentence for this crime is six months in prison or a £5000 fine as it is only a summary offence.
Actus Reus: The defendent uses words or gestures to cause the victim to apprehend immediate and unlawful violence.
Ireland: Held silent phone calls caused the victim to apprehend immediate and unlawful violence as she didn't know where the phone calls were coming from.
Logdon: Held if the victim believed that the gun was real they apprehended violence, if they knew that it was fake then assault would fail.
Tuberville v Savage: Held the words "if this wasn't assize time" took back the assault.
Mens Rea: Intention or recklessness as to causing the victim to apprehend immediate and unlawful violence.
Extra Cases
Constanza: Held this is an assault as words alone can be an assault and the victim read the letters as a threat.
Smith v Superintendent of Woking: Held this immediately satisfies assault as the victim didn't know what he would do next and therefore apprehended unlawful violence.
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