Assault

Question 1

common assault

Answer 1

under common law, and charged with under Section 39 of the Criminal Justice Act 1988, is defined as “an intentional or reckless act which causes a person to apprehend (fear) the infliction of immediate unlawful force”, as in NELSON.

Question 2

Actus Reus

Answer 2

An act causing the apprehension (fear) of the infliction of immediate unlawful force.

Question 3

Mens Rea

Answer 3

Intention or subjective recklessness as to causing someone to apprehend (fear) unlawful force, as in VANNA

Question 4

act/gesture

Answer 4

LOGDON when he threatened V with a gun

Question 5

words

Answer 5

CONSTANZA when he verbally threatened V

Question 6

silent phones calls/stalking

Answer 6

IRELAND

Question 7

words may negate what otherwise might be an assault

Answer 7

(TUBERVILLE v SAVAGE)

Question 8

There must be fear

Answer 8

(LAMB) and D caused V’s apprehension (fear) of the the infliction of unlawful force

Question 9

the fear may be caused indirectly

Answer 9

(DUME)

Question 10

The apprehension (fear) was of the infliction of “immediate” unlawful force

Answer 10

SMITH v CHIEF SUPERINTENDENT OF WOKING POLICE STATION

Question 11

decided to bring about a particular consequence

Answer 11

(MOHAN)

Question 12

foresaw a risk of causing fear (apprehension) and carried on regardless

Answer 12

(CUNNINGHAM)