Assault

Question 1

What is the definition of assault ?

Answer 1

An act causing the victim to apprehend immediate and 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 must be taken which can be verbal or non verbal e.g threats
(R V Ireland)

Question 3

What is causing v to apprehend ?

Answer 3

It must be proven that the victim apprehends force as a consequence of the act this mean that we expect or anticipate force from D.
( R V Lamb)

Question 4

What is immediate unlawful force ?

Answer 4

This means within a short time frame any moment from the act ( Smith V Chief)

Question 5

What is words can negate an assault ?

Answer 5

There is no assault where the D declares to the victim they are not going to carry out the threat against them.
( Tuberville V Savage)

Question 6

What is the men’s rea of assault ?

Answer 6

The defendant may have the intention to cause V to apprehend immediate unlawful force.