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Demetra
06/04/2023
Law
Assault
526
•
6 Apr 2023
•
Learn About Non-Fatal Offences: Common Assault, Examples, and More!
Demetra
@demetra_21
Apprehending Unlawful Force and Mens Rea
The concept of apprehending unlawful force is central to non-fatal offences cases. Several landmark cases illustrate the nuances of this element:
Ru Lamb (1967) demonstrated that when the victim doesn't believe force will be used, there is no assault. In contrast, Rv Light (1857) showed that raising a weapon and making threats can constitute assault if the victim fears immediate force.
Example: In Logdon v DPP (1967), pointing an imitation gun at a woman in jest was held to be assault because the victim apprehended immediate unlawful violence.
The case of Tuberwille v Savage (1669) established that words indicating no immediate intention to use force can negate an assault charge. Smith v Chief Superintendent of Working Police Station (1983) further clarified that the victim's fear of imminent danger, even if not immediately possible, can constitute assault.
The unlawful force element requires that the threatened force must be unlawful and the victim must not have consented to it.
Vocabulary: Mens Rea - The mental element or intent required for a crime.
The mens rea of assault involves either an intention to cause the victim to apprehend immediate unlawful personal violence or recklessness as to whether such apprehension is caused. The test for recklessness is subjective - the defendant must realize there is a risk that their acts could cause another to fear unlawful personal violence.
Highlight: The subjective nature of the recklessness test in assault cases emphasizes the importance of the defendant's awareness of potential consequences.
These elements and cases form the foundation of understanding non-fatal offences a level Law and provide essential knowledge for students studying non-fatal offences Notes.
Assault: Definition and Elements
Assault is a significant component of non-fatal offences Criminal Law. Under s39 of the Criminal Justice Act 1988, the maximum punishment for assault is six months imprisonment, a £5,000 fine, or both. The legal definition of assault is an act causing the victim to apprehend the infliction of unlawful force, with either intention or recklessness as to whether such fear is caused.
The actus reus of assault comprises three essential elements:
- An act
- The victim's apprehension of unlawful violence
- Unlawful use of force
Definition: An assault is an act which causes the victim to apprehend the infliction of unlawful force with either intention to cause another to fear immediate unlawful violence or recklessness as to whether such fear is caused.
The 'act' in assault requires words, actions, or a physical act. Importantly, an omission is not sufficient to constitute an assault. This is illustrated in several key cases:
Example: In Rv Misalati (2017), the court confirmed that spitting towards a complainant, even if it misses, constitutes assault.
Example: Rv Ireland (1997) established that even silent telephone calls can be considered assault, and psychiatric injuries can amount to bodily harm.
Example: Ru Constanza (1997) demonstrated that a series of threatening letters and phone calls can constitute assault if they create a fear of violence, even if not immediate.
The victim's apprehension of unlawful force is a crucial element. The victim must feel there is imminent danger and apprehend violence against themselves. Threats of future violence do not amount to assault, and there is no assault if the situation is such that it is obvious the defendant cannot actually use force.
Highlight: The victim's perception of immediate danger is key in determining whether an assault has occurred.
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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
Learn About Non-Fatal Offences: Common Assault, Examples, and More!
Demetra
@demetra_21
Non-fatal offences against the person are a crucial area of Criminal Law, encompassing various degrees of harm inflicted upon individuals. This summary covers assault, one of the key non-fatal offences examples, focusing on its legal definition, elements,... Show more
Apprehending Unlawful Force and Mens Rea
The concept of apprehending unlawful force is central to non-fatal offences cases. Several landmark cases illustrate the nuances of this element:
Ru Lamb (1967) demonstrated that when the victim doesn't believe force will be used, there is no assault. In contrast, Rv Light (1857) showed that raising a weapon and making threats can constitute assault if the victim fears immediate force.
Example: In Logdon v DPP (1967), pointing an imitation gun at a woman in jest was held to be assault because the victim apprehended immediate unlawful violence.
The case of Tuberwille v Savage (1669) established that words indicating no immediate intention to use force can negate an assault charge. Smith v Chief Superintendent of Working Police Station (1983) further clarified that the victim's fear of imminent danger, even if not immediately possible, can constitute assault.
The unlawful force element requires that the threatened force must be unlawful and the victim must not have consented to it.
Vocabulary: Mens Rea - The mental element or intent required for a crime.
The mens rea of assault involves either an intention to cause the victim to apprehend immediate unlawful personal violence or recklessness as to whether such apprehension is caused. The test for recklessness is subjective - the defendant must realize there is a risk that their acts could cause another to fear unlawful personal violence.
Highlight: The subjective nature of the recklessness test in assault cases emphasizes the importance of the defendant's awareness of potential consequences.
These elements and cases form the foundation of understanding non-fatal offences a level Law and provide essential knowledge for students studying non-fatal offences Notes.
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Assault: Definition and Elements
Assault is a significant component of non-fatal offences Criminal Law. Under s39 of the Criminal Justice Act 1988, the maximum punishment for assault is six months imprisonment, a £5,000 fine, or both. The legal definition of assault is an act causing the victim to apprehend the infliction of unlawful force, with either intention or recklessness as to whether such fear is caused.
The actus reus of assault comprises three essential elements:
- An act
- The victim's apprehension of unlawful violence
- Unlawful use of force
Definition: An assault is an act which causes the victim to apprehend the infliction of unlawful force with either intention to cause another to fear immediate unlawful violence or recklessness as to whether such fear is caused.
The 'act' in assault requires words, actions, or a physical act. Importantly, an omission is not sufficient to constitute an assault. This is illustrated in several key cases:
Example: In Rv Misalati (2017), the court confirmed that spitting towards a complainant, even if it misses, constitutes assault.
Example: Rv Ireland (1997) established that even silent telephone calls can be considered assault, and psychiatric injuries can amount to bodily harm.
Example: Ru Constanza (1997) demonstrated that a series of threatening letters and phone calls can constitute assault if they create a fear of violence, even if not immediate.
The victim's apprehension of unlawful force is a crucial element. The victim must feel there is imminent danger and apprehend violence against themselves. Threats of future violence do not amount to assault, and there is no assault if the situation is such that it is obvious the defendant cannot actually use force.
Highlight: The victim's perception of immediate danger is key in determining whether an assault has occurred.
We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
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4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user