Assault

Question 1

What is assault?

Answer 1

Where someone intentionally or recklessly causes another to apprehend that “immediate and unlawful violence” may be used against him

Question 2

What is the actus reus of assault (and the case)?

Answer 2

An act which causes the victim to apprehend the immediate, unlawful violence

As seen in Ireland 1997
Man called woman and breathed heavily. Silence can lead to an assault

Question 3

What 3 elements of actus reus need to be proved?

Answer 3

An act
As seen in R v Ireland
Silent phone calls

Causes the victim to apprehend the violence-even if its a joke
As seen in R v Lamb
D points gun at V but V knew it wasn’t loaded so it didn’t amount to assault

Threat of violence must be immediate - no assault if Defendant can’t actually do anything
As seen in Smith v Chief Constable of Woking police station 1983
Man deemed to have been causing immediate violence when he was outside a woman’s house despite door being locked