Assault Flashcards
What is the definition of assault according to IRELAND?
D must intentionally or recklessly cause V to apprehend immediate and unlawful force.
What does LOGDON v DPP state?
To apprehend something means to be aware of it. V does not have to be scared, nor does V have to be in danger.
What does SMITH v SUPERINTENDENT OF WPS state?
There must be an apprehension of immediate force, a threat by D to inflict harm in the future cannot be an assault. It is sufficient if D does something that makes V aware that there would be unlawful force at some unpredictable moment in the near future.
What does TUBERVILLE v SAVAGE state?
Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault.
What is the mens rea of assault according to VENNA?
men’s rea for assault requires either intention or recklessness as to causing V to apprehend immediate and unlawful force.