Assault

Question 1

Assault Definition

Answer 1

Assault is an act which causes the victim to apprehend immediate, unlawful force

Question 2

The actus Reus of assault

Answer 2

There are three elements to the actus reus of assault there is the act by the defendant,apprehension immediate unlawful force

Question 3

Actus reus of Assault(an act)

Answer 3

An assault requires some positive act (not an omission) including words. Words can be verbal or written, as in R v Constanza this is where the defendant had written over 800 letters and made a number of phone calls to the victim. The victim interpreted the last two letters as clear threats. There was an assault as there was a ‘fear of violence at some time, not excluding the immediate future’

Question 4

Actus reus of assault(apprehension)

Answer 4

In order for the defendant to be guilty of assault the victim must apprehend the force as seen in R v Lamb where there was no unlawful act as no assault had been committed as the victim did not believe the gun would go off therefore he did not apprehend immediate unlawful personal violence.

Question 5

Actus reus of assault ( immediate)

Answer 5

The force apprehend by the victim does not need to be immediate for the defendant to be gulity of assault this is seen in the case of Smith v Chief Superintendent of Woking Police Station (1983) The defendant went into a garden and looked through the female victim’s bedroom window on the ground floor at about 11 p.m. one evening. She was terrified and thought that the defendant was about to enter the room, even though he was outside the house and no attack could be made at that immediate moment. Fear of what he might do next was sufficient.

Question 6

Mens Rea

Answer 6

Subject Recklessness- the defendant must be subjectively reckless in theact that cause harm to the defenedant
Intention to cause fear