Assault Flashcards
Where is assault defined
Common law
Actus Reus of assault
To make the victim apprehend immediate unlawful force
What classes as apprehending force
A physical reaction. Eg Shaking or running away
Read v Coker
Gestures and actions can be assault
R v Ireland
And assault can be carried out through spoken words or through silence
R v Constanza
An assault can be carried out through written words
Tuberville v Savage
Words can negate an assault
DPP v Logdon
It’s possible for V to apprehend force even if the use of force is impossible, as long as V is genuinely scared
Smith v CCOW
Must apprehend ‘immediate’ force (in the near future). Doesn’t need to be straight away
What is the mens rea of assualt
Direct intention or recklessness as to cause the victim to apprehend immediate unlawful force
R v Mohan
Direct intention
R v Cunningham
Recklessness
