ASSAULT

Question 1

Define assault

Answer 1

Intentionally or recklessly make V apprehend immediate unlawful violence (Fagan v MPC)

Question 2

Apprehend is…

Answer 2

V has general awareness of violence (Smith v Supt of Woking)
Applies even when D is joking (Logdon v DPP)

Question 3

Immediate is…

Answer 3

V must have general awareness of violence within a reasonable amount of time (Smith v Supt of Woking)

Question 4

Unlawful violence is…

Answer 4

AR can be apprehended through words, gestures, actions
Actions amounting to an assault:
Where D is joking (Logdon v DPP)
Silent phone calls (R v Ireland)
Threatening letters (Constanza)
Words can nullify an assault (Tuberville v Savage)

Question 5

MENS REA = GUILTY MIND

Answer 5

D has intention or recklessness to apprehend immediate unlawful violence (R v Savage)
Intention- D desires outcome (R v Mohan)
Recklessness- D realises risk and takes it anyway (R v Cunningham)