Assault

Question 1

Define assault

Answer 1

-Act which causes victim to apprehend immediate unlawful force.

Question 2

Actus reus for Assault

Answer 2

Must be:
-An Act
-Which causes victim to apprehend infliction of immediate unlawful force

Question 3

An Act - assault

Answer 3

Requires a positive act, not omission
Words- Constanza
Spitting- R v Misalati
Silence- R v Ireland

Question 4

Apprehend immediate unlawful force

Answer 4

-V must fear immediate force. R v Lamb
-Immediate does not mean instantaneous. Smith v CS Woking police station
-Words indicating there will be no violence may prevent assault. Tuberville v Savage

Question 5

Mens rea of Assault

Answer 5

-Intention to cause another to fear immediate unlawful personal violence
or
-Subjectively recklessness as to whether such fear was caused