Assault

Question 1

Statute of assault

Answer 1

S39 - Criminal justice act 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 that some violence might occur
Logdon - even if D is joking, it is based on what the V believes (gestures fake gun)

Question 4

2nd element - immediate

Answer 4

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

Question 5

3rd element of AR - unlawful violence

Answer 5

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

Tuberville v Savage - Words can negate assault

DPP v Ramos - no need for physical action by the defendant as long as the defendant’s conduct caused the victim to apprehend immediate unlawful violence

Question 6

MR of assault

Answer 6

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

Question 7

What is assault and there can it be tried?

Answer 7

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