Assault

Question 1

What is the sentence for assault?

Answer 1

Set out in s3a Criminal Justice Act 1988 with a Maximum of 6 months and/or an unlimited fine

Question 2

Where is assault defined?

Answer 2

Assault is defined in common law

Question 3

What is the actus reus of assault?

Answer 3

Causing the victim to apprehend immediate unlawful force and involves no physical contact.

Question 4

Case law for threatening action (actions)

Answer 4

Read v Coker : Gestures/physical actions can be an assault

Question 5

Case law for threatening action (words)

Answer 5

R v Ireland - Assault can be carried out by spoken word and by silence.

Question 6

Case law for threatening action (written words)

Answer 6

R v Constanza - An Assault can be carried out by written words.

Question 7

Case law for the negation of assault.

Answer 7

Turberville v Savage - If D says something that indicates there will be no violence, then these words will negate an assault.

Question 8

Case law for apprehension of force

Answer 8

DPP v Logdon - It is possible for V to apprehend force even if the use of force is not possible

Question 9

Case law for apprehension being immediate

Answer 9

Smith v CCoW - Legal Principle: immediate means in the near future.

Question 10

Mens rea for assault

Answer 10

Direct intention or recklessness as to causing it to apprehend immediate unlawful force.