Assault

Question 1

What is an assault?

Answer 1

Assault is enact causing V to apprehend immediate unlawful force with the intention to cause V to apprehend immediate unlawful force or being reckless in doing so

Question 2

What Is an act?

Answer 2

A physical action which must be taken and can be verbal or non verbal
( R V Constanza - 800 letters)
(R V Ireland - silent phone calls)

Question 3

What is the apprehension of unlawful immediate unlawful force?

Answer 3

Apprehend is the belief that the force will occur ( R V Lamb )
Immediate is that the V must also apprehend the office from the act immediately ( Smith v chief superintendent of woking police station )

Question 4

What is words can negate an assault?

Answer 4

D could not have believed that the threat would be carried out ( R V Light)

Question 5

What is the mens rea?

Answer 5

Direct intention Is the D’s aim, desire and purpose to cause the act ( R V Mohan)
Recklessness- D sees the risk of the threat and still goes ahead with it ( R V Cunningham)