Assault

Question 1

Statute of assault

Answer 1

S39 - CJA 1988

Question 2

AR of assault

Answer 2

Causing the victim to apprehend the use of immediate, unlawful, personal violence

Question 3

1st element of the AR - apprehend

Answer 3

Smith v Superintendent of Woking police; establishes that apprehend means that V has a general awareness of violence

Question 4

Apprehend - DPP v Logdon

Answer 4

Gestures can amount to assault - based on what V believes

Question 5

2nd element - immediate

Answer 5

Smith v Superintendent of Woking police - the unlawful violence that V apprehends must be able to take place within reasonable time

Question 6

3rd element of AR - unlawful violence

Answer 6

R v Ireland - silent phone calls caused victims to apprehend immediate, unlawful violence

Ramos - no need for physical action by the defendant

Question 7

MR of assault

Answer 7

R v Savage - Intention or recklessness to cause V to apprehend immediate unlawful violence

Question 8

Legal principle of R v Constanza & R v Ireland

Answer 8

The conduct that causes the victim to apprehend can be actions, words or violence

Question 9

What is assault and there can it be tried?

Answer 9

It is a summary offence, triable only in the Magistrates’ court