assault Flashcards
definition of assault
“an act which causes the victim to apprehend immediate unlawful force” Lord Goff Collins v Wilcock
Stage 1 of actus reus
D must do an act (words gestures or even silence (Ireland)
side rule- written letters/texts/emails (Constanza)
Stage 2 actus reus
The v must apprehend force (Lamb) No apprehension, no assault (subjective to victim)
side rule- Jokes can be an assault if victim apprehended (Logden)
Stage 3 actus reus
The threat of force must be immediate (subjective to victim)- Smith v chief of woking police
side rule- words may negative the assault (Tuberville v Savage)
-any causation issues)-
mens rea of assault
intention (mohan) or recklessness (cunningham) to do an act which causes the victim to apprehend immediate unlawful force (Venna)
- transferred malice or coincidence rule-