Assault

Question 1

what is the definition of assault?

Answer 1

• common law offence
• S.39 Criminal Justice Act 1998 as a summary offence with max sentence of 6 months imprisonment and/or fine
• (Ireland)-D intentionally or recklessly causes the victim to apprehend immediate and unlawful violence

Question 2

what is the first step and cases of assault?

Answer 2

was there an act?

• can be actions, gestures, words or silence
• (Constanza)-written words alone are enough for an assault
• (Ireland)-words are enough for an assault
• (Ireland)-silence can amount to an assault

Question 3

what is the second step and cases of assault?

Answer 3

did v apprehend?

• what v thought was about to happen
• (Lamb)-if v doesn’t apprehend immediate force, assault has not been committed
• (Logdon)-doesn’t matter if threat was made as a joke
• (Tuberville v Savage)-words can prevent an assault

Question 4

what is the third step and cases of assault?

Answer 4

did v apprehend ‘immediate’ violence?

-(Smith v Superintendent of Woking Police Station)-immediate does not mean instantaneous but must be imminent

Question 5

what is the fourth step of assault?

Answer 5

does v apprehend ‘unlawful personal violence’

• only needs to apprehend mere touch provided it is unlawful
• lack of consent
• must be personal violence

Question 6

what is the fifth step of assault?

Answer 6

causation

Question 7

what is the sixth step and cases of assault

Answer 7

mens rea-did d intend or was he subjectively reckless to cause v to apprehend immediate unlawful violence?

-(Savage)-intention or subjective recklessness to cause the victim to apprehend unlawful and immediate violence