Assault

Question 1

What is the A/R for assault under S.39 CJA 1988?

Answer 1

Any act which causes (V) to apprehend the infliction of immediate and unlawful force

Ireland and Burstow.

Question 2

What is the M/R for assault under S.39 CJA 1988?

Answer 2

Intention or recklessness as to causing (V) to apprehend the infliction of immediate and unlawful force

Savage.

Question 3

What constitutes an ‘act’ in the context of assault?

Answer 3

Can be an act or words

Words alone can also constitute an assault as shown in Ireland and Burstow.

Question 4

Can letters be considered an act of assault?

Answer 4

Yes, as established in the case of Constanza

Letters can convey threats that lead to apprehension of force.

Question 5

What does ‘silence’ represent in terms of assault?

Answer 5

Silence can be considered an act of assault

This is supported by the case of Ireland.

Question 6

Can words negate an assault?

Answer 6

Yes, as shown in Tuberville v Savage

However, this may vary based on circumstances, as seen in R v. Light.

Question 7

What is meant by ‘causes’ in the context of assault?

Answer 7

Factual (White) and legal causation (Smith)

Both types of causation are necessary to establish assault.

Question 8

What does ‘apprehend’ mean in the context of assault?

Answer 8

‘Apprehend’ means ‘anticipate’ or ‘expect’

If (V) does not apprehend force, there is no assault, as in R v. Lamb.

Question 9

True or False: If V does not apprehend force, it constitutes assault.

Answer 9

False

As established in R v. Lamb.

Question 10

‘Immediate’ has been interpreted by the courts to mean _______.

Answer 10

‘imminent’ - liable to happen soon.

Question 11

In Constanza, ‘immediate’ is defined as _______.

Answer 11

‘at some time not excluding the immediate future.’

Question 12

‘Unlawful’ generally indicates a lack of _______.

Answer 12

consent to the feared violence.

Question 13

In Collins v. Wilcock, what is sufficient for ‘force’?

Answer 13

The slightest touching is sufficient

Question 14

Assault Summary template

Answer 14

1 - Assault s39 CJA 1988
2 - AR - any act that causes V to apprehend the infliction of immediate and unlawful force (Ireland;Burstow)
3 - CAUSATION - factual and legal and intervening acts
4 - MR - Intention or recklessness as to AR…….APPLY
5 - Max sentence 6 months imprisonment

Question 15

Assault A01 Template Full

Answer 15

With regard to ______ it is likely that D will be charged with assault under s39 CJA 1988.

The AR for assault is any act which causes V to apprehend the infliction of immediate and unlawful force (Ireland;Burstow). Act can mean an act, words, letter (Constanza) or silence (Ireland). Words alone can amount to an assault - ‘a thing said is a thing done’ (Ireland;Burstow). Apprehend means anticipate or expect, and if V doesn’t apprehend, there is no assault (Lamb). Finally, immediate means imminent or not liable to happen at some time not excluding the immediate future (Constanza), and unlawful means with no lawful excuse.

Causation - factual (White) Legal (Cheshire) - chin of causation?

The MR of assault is intention or recklessness as to AR - intention means aim, purpose or objective and recklessness in conscious risk taking - APPLY