assault

Question 1

define assault

Answer 1

to intentionally or recklessly cause another person to fear immediate unlawful personal violence

Question 2

when is actus reas completed in assault

Answer 2

AR is completed when D does any act or says something which causes V to believe than unlawful violence is about to be used against them

Question 3

what does actus reas require in assault

Answer 3

requires an act or words- not just physical contact, there must be a positive act

Question 4

AR for assault- Words

Answer 4

words are sufficient for an assault.

Ireland (1998) and Constanza (1997)

Question 5

Ireland (1998)

Answer 5

D made several silent phone calls to 3 women.
V may fear that the purpose of the call is to determine if she is at home, and that the caller is about to come to her home immediately after the call

Legal precedent - fear violence

Question 5

Constanza (1998)

Answer 5

Letters sent by a stalker were interpreted as clear threats and there was a fear of violence at some time, ‘not excluding the near future’

Question 6

AR for assault - Fear of force

Answer 6

Acts/ words must cause V to fear that immediate force is going to be used against them, as seen in Logdon and Lamb

If its obvious that D cannot use force, there is no assault, i.e. shouting from a passing plane or an unloaded gun

Question 7

Logdon (1976)

Answer 7

D, as a joke, pointed a gun at a victim, who was terrified until she was told it was a replica

V had apprehended immediate physical violence, and D had been reckless to whether this would occur.

Legal precedent- she feared force was about to be used against her

Question 7

Lamb

Answer 7

Contrast to Logdon, Ds were playing with what they thought was an unloaded revolver, Lamb pointed it at V and pulled the trigger. There was no assault as V didn’t think it could fire

Legal Precedent- no fear as they didn’t know it wasn’t loaded so didn’t fear assault

Question 8

Fear of force- words cancel out assault

Answer 8

Turberville v Savage (1669)

Question 9

Turberville v Savage (1669)

Answer 9

A man put a hand on his sword and said, ‘if it was not assize-time, I would not take such language from you.’

Depsite the act which made V fear immediate violence (hand on sword) the words that accompanied the act showed that no violence was going to be used.

Question 10

AR for assault- Immediate force

Answer 10

The force must be immediate, but this does not mean instantaneous, but ‘imminent’

Question 11

Smith v Chief Constable of Woking (1983)

Answer 11

D entered a private garden at night and looked through the bedroom window of the V. She was terrified and thought he was about to enter to room and she would be subject to violence.

D was guilty of assault.

Legal precedent- Immediate force

Question 12

Mens rea for assault

Answer 12

an intention to cause another to fear immediate unlawful violence.

OR

recklessness as to whether such fear is caused.

Question 13

Assault- Basic intent case

Answer 13

this means that doing the AR while intoxicated classes as recklessness and is no defence

Question 14

DPP v Majewski (1976)

Answer 14

D had consumed large quantities of drugs and alcohol and attacked the landlord of the public house where he was drinking. The landlord called the police and the D also attacked the police officers who tried to arrest him. The law lords held that becoming intoxicated by drink ect. was a reckless cause of conduct.

Legal precedent- recklessness is enough to constitute the neccessary MR in assault cases