assault Flashcards
where is assault defined?
common law
what is the actus reus of assault?
causing the victim to apprehend immediate unlawful force
what 3 things are needed to prove assault?
-d has done something threatening
-v apprehended force as a result of this threat
-the force v apprehended was immediate
what is the leading case for assault?
Read v Coker
what does Read v Coker say?
purely gestures or actions can be assault
what is the case for written words and silence?
R v Ireland
what is the case for texts/emails/etc?
R v Constanza
what is the case for words negating an assault?
Tuberville v Savage
what is the case for apprehending force?
DPP v Logdon
what is case defines immediate?
Smith v Chief Constable of Woking
-in the near future
what is the mens rea of assault?
direct intention of recklessness to cause v to apprehend immediate unlawful force
what is the case for direct intention?
R v Mohan
what is direct intention?
where d aims/sets out/decides to bring about the consequence
what is the case for recklessness?
R v Cunningham
what is recklessness?
where d realises the risk but carries on regardless
