Assault

Question 1

Assault Definition

Answer 1

To intentionally or recklessly cause the apprehension of immediate force

Question 2

Assault Act

Answer 2

S.39 Criminal Justice Act 1988
- £5K fine / 12 months imprisonment

Question 3

Assault Actus Reus

Answer 3

• No contact needed
• Unlawful force
• Creating fear

Question 4

R v Lamb

Answer 4

There will be no assault if there is no fear

2 Friends unaware of gun workings, pointed gun at head - no assault

Question 5

R v Misalati

Answer 5

No need for physical contact
Defendant racially abused - feared violence

Question 6

Chambers v DPP

Answer 6

If threat is joke then no mens rea

D tweeted “ I am blowing the airport sky high” - Joke - No assault

Question 7

R v Ireland and R v Constanza

Answer 7

Words and silence and constitute an assault
Both involved in stalking - silent phone calls - fear immediate force - assault

Question 8

Tuberville v Savage

Answer 8

Words can cancel an assault
- Put hand on sword, statement stopped threat

Question 9

Ireland and Costanza 2

Answer 9

Fear must be of immediate force
- No assault if future threat
- Telephone call = immediate force

Question 10

Smith v Chief Superintendent, Woking Police Station

Answer 10

The victim may fear the possibility of immediate force
- Saw defendant standing in garden, liable for assault

Question 11

Assault Mens Rea

Answer 11

• Intention or Cunningham Recklessness
• Aim/ Purpose to fear infliction of immediate unlawful force

Question 12

R v Cunningham (mens rea)

Answer 12

Defendant must appreciate that there is a risk and then take the risk - foresight of consequences