Assault

Question 1

What statute does assault come under?

Answer 1

S39 Criminal Justice act 1988

Question 2

What is the actus reus of assault?

Answer 2

Causing the victim to apprehend the use of immediate, unlawful personal violence

Question 3

What is the first element of the actus reus?

Answer 3

Apprehend — V must have a general awareness that some violence might occur
Smith v Superintendent of Woking police
Logdon — even if D is joking, it is based on what V believes

Question 4

What is the second element of the actus reus?

Answer 4

Smith v Superintendent of Woking police - the unlawful violence that V apprehends must be able to take place within reasonable time

Question 5

What is the third element of the actus reus?

Answer 5

Must be unlawful violence

DPP v Ramos - no need for physical action by the defendant as long as the defendant’s conduct caused the victim to apprehend immediate unlawful violence

Question 6

What is the mens rea of assault?

Answer 6

R v Savage - Intention or recklessness to cause V to apprehend immediate unlawful violence

Question 7

What type of offence is assault and where can it be tried?

Answer 7

It is a summary offence, triable only in the Magistrates’ court