Assault

Question 1

What is the definition of assault in common law?

Answer 1

Intentionally or recklessly causing the victim to apprehend immediate violence.

Question 2

What is the actus reus of assault

Answer 2

actions or words that cause the victim to apprehend immediate violence

Question 3

What physical reactions can indicate assault?

Answer 3

Shaking, crying, running away, etc.

These reactions show the victim’s apprehension of violence.

Question 4

Read v Coker (1853)

Answer 4

Established that apprehension of immediate and unlawful violence constitutes assault.

The case illustrates how gestures can lead to an assault charge.

Question 5

R v Ireland (1977)

Answer 5

-D. breathed silently down the phone
## Footnote

Silence can amount to assault.

This case expanded the definition of assault to include non-verbal threats.

Question 6

R v Constanza (1997)

Answer 6

-D. graffitied a threat
## Footnote

Writing can be considered assault.

Question 7

Tuberville v Savage (1669)

Answer 7

-“if… i would”
## Footnote

Words can negate an assault.
If = NO assault

Question 8

Smith v C.C. of Woking (1983)

Answer 8

-D. stared into ground floor house
## Footnote

The threat must be in the near future to constitute assault.

The case emphasized that the victim’s apprehension of violence is crucial.

Question 9

Logdon v DPP (1976)

Answer 9

-V. has fake gun pulled

Apprehension of a threat matters more than whether the threat can actually happen.

The victim’s perception of danger is key.