4 ms·
'Apprehend' is an interesting word. "An assault takes place when the Defendant causes the victim to apprehend the use of immediate, unlawful physical violence
by keithpeter 12y ago
'Apprehend' is an interesting word.
"An assault takes place when the Defendant causes the victim to apprehend the use of immediate, unlawful physical violence upon them. In a common assault charge, no physical violence needs to follow the threat; just the fear experienced by the victim is inclusive of this charge. If physical violence does occur immediately after an assault, the Defendant will also be charged with a battery offence.
The Mens Rea (guilty mind) of a common assault is that the Defendant either intentionally or recklessly causes the victim to fear some degree of contact or violence. In the case R v. Ireland it was determined that a common assault can occur without verbal warning or action. Several silent phone calls made to the victim, which caused them to fear violence in the immediate future, constituted an assault offence."
http://www.grayandcosolicitors.co.uk/section-39-common-assault/ http://www.grayandcosolicitors.co.uk/section-39-common-assau...
What I'm trying to communicate here is the idea that even if someone where to take back their own laptop from a shop that was trying to sell it, there may be charges that could be brought if the shop wanted to push the situation and the police attending decided to act. The counter staff simply need to describe the owner's behaviour as threatening.
I do accept the point that a theft may not have been committed.