Assault

Question 1

Read v Coker

Answer 1

Gestures and actions can constitute an assault

Question 2

R v Ireland

Answer 2

Silence can constitute an assault and D does not have to physically be near V in this instance

Question 3

R v Constanza

Answer 3

Written threats can constitute an assault

Question 4

Tuberville v Savage

Answer 4

If D says something that indicates there will be no violence, then these words can negate an assault

Question 5

DPP v Logdon

Answer 5

It is possible for V to apprehend force even if the use of force is not possible (as long as V believes it is possible)

Question 6

Smith v Chief Constable of Woking

Answer 6

Immediate means at some point in the near future

Question 7

R v Mohan

Answer 7

D’s main aim is to cause V to fear violence

Question 8

R v Cunningham

Answer 8

D realises there was a risk that V would fear violence, but carried on anyway

Question 9

R v Latimer

Answer 9

The mens rea can be transferred from the intended victim to the actual victim

Question 10

R v Thabo Meli

Answer 10

If the mens rea has formed before the actus reus, the mens rea extends to all the actions done in between

Question 11

Fagan v MPC

Answer 11

If the mens rea has formed after the actus reus, the actus reus continues until the mens rea occurs.