Assault

Question 1

Where does the definition of assault come from?

Answer 1

Fagan v MPC

Question 2

What type of offence is it?

Answer 2

Summary offence

Question 3

What is the definition of assault?

Answer 3

The defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence.

Question 4

Common law or statute?

Answer 4

Common law

Question 5

Where is it triable?

Answer 5

Magistrates’ Court

Question 6

Maximum sentence? And Act

Answer 6

Six months’ imprisonment according to s 39 of the Criminal Justice Act 1988

Question 7

Actus reus of assault?

Answer 7

Victim must apprehend immediate unlawful personal violence

Question 8

Apprehend (actus reus) 4

Answer 8

Aware they are about to be subjected to violence.
No need for actual threat - Logdon v DPP
Can be silence - R v Ireland
Words can negate an assault - Tuberville v Savage

Question 9

Immediate (actus reus)

Answer 9

V didn’t know what D would do next - Smith v Chief Constable of Woking

Question 10

Unlawful (actus reus)

Answer 10

Not self defence

Question 11

Personal violence (actus reus)

Answer 11

Must apprehend level of force amounting to technical battery (e.g touching)

Question 12

Mens rea of assault?

Answer 12

Intention to cause the victim to apprehend immediate unlawful personal violence, or being reckless as to causing it- R v Paramenter

Question 13

Logdon v DPP

Answer 13

Pointed fake gun in jest. No actual threat needed

Question 14

Tuberville v Savage

Answer 14

Put hand on weapon and said ‘if it were not assize-time, I would not take such language from you’ - Words prevented apprehension

Question 15

Smith v Chief Constable of Woking

Answer 15

Peeping tom claimed V could not have been afraid of personal violence as he was outside the home - Did not know what he would do next

Question 16

R v Paramenter

Answer 16

Assaulted baby son - Must have appreciated the risk.