Assault

Question 1

Definition

Answer 1

An act which causes the V to apprehend the infliction of immediate, unlawful force with either an intention to cause fear or reckless as to weather fear is caused

Question 2

Act

Answer 2

Word, act or silent phone call

Question 3

Case for act

Answer 3

R V Constanza: CA held assault S there was some fear of violence at some time

Question 4

Apprehending immediate unlawful force

Answer 4

Assault only occurs if V fears force

Question 5

Case for apprehending immediate unlawful force

Answer 5

R V Lamb- pointing a unloaded gun at a V when they know it’s unloaded is not an assault

Question 6

Does the fear of force has to be instant

Answer 6

No it doesn’t have to be instant but imminent

Question 7

Case for fear of force

Answer 7

Smith V Superintendent of working police Station- although she didn’t know what he would do next she thought it would be of a violent nature, fear of what he may do next was sufficient for a assault

Question 8

What can words indicate + case

Answer 8

Words can indicate no violence will be seen as a assault

Tuberville V Savage- didn’t amount to a assault

Question 9

What is the MR for assault

Answer 9

D intended to cause V to expect force or was reckless as to it happening