Assault Flashcards
1
Q
What is the difference between assault and battery?
A
Assault - a threat
Battery - unlawful force on another
2
Q
What is an assault?
A
A person intentionally or recklessness causes another person to apprehend immediate and unlawful violence
3
Q
Does the victim have actual fear violence in an assault?
A
Yes, they have to believe that unlawful violence will happen to them.
No apprehension = no assault
4
Q
What is the men’s rea in an assault
A
Intention of them to fear violence
5
Q
What is the Actus Reus in an assault?
A
Apprehension in the victim and the mind of the victim feeling fear
The words or threats
6
Q
Can a threat be conditional
A
Yes it can be conditional but not hypothetical
