ASSAULT

Question 1

definition of assault

Answer 1

Lord Goff in Collins v Wilcock: ‘an act which causes V to apprehend immediate unlawful force’.

Question 2

actus reus part 1

Answer 2

D must do an act- words, gestures even silence (Ireland)

Question 3

side rule part 1 actus reus

Answer 3

SIDE RULE: Written letters/ emails/ texts (Constanza).

Question 4

actus reus part 2

Answer 4

The V must apprehend force (Lamb). If there is no apprehension, there is no assault. This is subjective to the V.

Question 5

side rule part 2

Answer 5

SIDE RULE- Jokes- even a joke can be an assault if it makes the V apprehend force (Logden).

Question 6

actus reus part 3

Answer 6

The threat of force must be immediate (subjective to V) - (Smith v Chief of Woking Police).

Question 7

side rule part 3

Answer 7

SIDE RULE- Words may negative the assault- (Tuberville v Savage).

Question 8

mens rea assault

Answer 8

The mens rea of an assault is the intention or recklessness to do an act which causes the V to apprehend immediate unlawful force (Venna).

Question 9

cases for mens rea

Answer 9

Does the D have the intention (Mohan), or the recklessness (Cunningham), to do the assault?