Assault Flashcards
What is the definition?
An assault is an act, which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
What case established the definition as there is no statutory definition?
Collins v Wilcock [1984]
What is the actus reus?
An assault is an act, which causes the victim to apprehend the infliction of immediate, unlawful force…
What is the mens rea?
…with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
What does an ‘act’ mean? Case example.
A positive act/action or words spoken or written.
R v Constanza (1997)
Silent phone calls.
R v Ireland [1997]
A persons conduct.
Stevens v Myers (1830)
What type of offence is assault?
Summary and consequence.
If you point a gun at someone which they know is unloaded can it be assault? Give a case example..
No. R v Lamb [1967]
What is necessary for assault? Case example.
Fear of immediate force. Steven v Myers (1830)
What case extends the meaning to imminent threat?
R v Ireland [1997]
What does negating the assault mean? How can it be negated. Case Example?
To make the assault invalid.
Words indicating that there will be no violence may prevent the act from being an assault.
This is a principle which comes from:
Tuberville v Savage (1669)
A joke.
Chambers v DPP [2012]
Give an example where the case was not negated properly.
R v Light (1857) Dears & B
Examples of a positive act.
Raising a fist as though about to hit the victim;
Throwing a stone at the victim which just misses;
pointing a loaded gun at someone within range; and
Making a threat by saying “I am going to hit you.”
How do find if the mens rea is present?
Intention- ‘but for’ test.
Recklessness- a subject test- “Would the defendant realise that there was a risk would cause another fear of violence or a risk that their actions would cause the application of unlawful force.”
Give an example why the defendant might not have mens rea under recklessness.
If they have learning difficulties or a disability.
