Assault

Question 1

Assault

Answer 1

Common law offence

Summary offence - only triable in Magistrates’ Court

It carries a maximum sentence of six months’ imprisonment according to s39 of the Criminal Justice Act 1988

Question 2

AR of assault

Answer 2

The victim must apprehend immediate unlawful personal violence.

4 components:
Apprehend - the V must be aware that they are about to be subjected to violence, not necessarily be in fear. If the V doesn’t anticipate unlawful personal violence, there’s no assault.
- There doesn’t have to be an actual threat
- The conduct that causes the V to apprehend can be actions, words or even silence
Immediate - satisfied if the V didn’t know what the D was going to do next
Unlawful - related to the presence of a defence (e.g., could be lawful if it were self-defence)
Personal violence - means the V needs to apprehend the level of force that would amount to a technical battery e.g., touching is sufficient

Question 3

MR of assault

Answer 3

• The intention to cause the V to apprehend immediate unlawful personal violence, or
• Being reckless as to whether such apprehension is caused

Question 4

R v Lamb

Answer 4

AR - apprehend

No assault committed as the V did not believe that the gun would go off, therefore he did not apprehend immediate unlawful personal violence

Question 5

Logdon v DPP

Answer 5

AR - apprehend, MR - recklessness

The gun wasn’t real so there was no actual threat. But an assault had been committed as the V did not know this and apprehended immediate unlawful personal violence. The D was reckless as to whether the V would apprehend such violence.

Question 6

R v Constanza

Answer 6

AR - apprehend

Words can amount to an assault

Question 7

R v Ireland

Answer 7

AR - apprehend

Silence and gestures, if threatening, can amount to an assault

Question 8

Tuberville v Savage

Answer 8

AR - apprehend

No assault as the words indicated that no violence would ensue - words can prevent an apprehension

Question 9

Smith v Chief Constable of Woking

Answer 9

AR - immediate

The basis of V’s fear was that she did not know what the D was going to do next

Question 10

R v Parmenter

Answer 10

MR - recklessness

The D was reckless as he appreciated the risk. It is not sufficient that he should have foreseen a risk of injury.

Question 11

Assault plan

Answer 11

Common law offence, summary offence therefore only triable in Magistrates’ Court

Law - carries a maximum sentence of six months’ imprisonment (s39 of Criminal Justice Act 1988)

Define - no statutory definition

Actus reus:
The V must apprehend immediate unlawful personal violence

4 elements:
Apprehend - the V must be aware that they are about to be subjected to immediate unlawful personal violence (fear not necessary) - R v Lamb
- Doesn’t need to be an actual threat - Logdon v DPP
- Can be actions, words, or even silence - R v Constanza, R v Ireland, Tuberville v Savage

Immediate - satisfied if V didn’t know what D was going to do next - Smith v Chief Constable of Woking

Unlawful - relates to the presence of a defence

Personal violence - the V needs to apprehend the level of force that would amount to a technical battery

Apply…..

Mens rea:
- The intention to cause the V to apprehend immediate unlawful personal violence, or
- Reckless as to whether such apprehension is caused - R v Parmenter

Apply…..

Conclusion - if all elements of AR and MR are present, assault has been committed.