Assault

Question 1

definition and by who

Answer 1

Lord goff in collins v wilcock
an act which causes the v to apprehend immediate u lawful force

Question 2

1) d must do what in the actus reus

Answer 2

Do an act, words, gestures even silence (ireland)
SR letters emails texts (constanza)

Question 3

2) V must

Answer 3

apprehend force (lamb)
if there is no apprehension then there is no assault and this is subjective to the v
SR - jokes (Logden)

Question 4

3) Threat of force must

Answer 4

be immediate, this is subjective to v (smith v chief of woking police)
SR- words may negate assault (Tuberville v savage)

Question 5

causation issues (6)

Answer 5

acts of third (pagett)
thin skull (Blaue)
victims own actions and escape attempts (Roberts)
doesn’t seek treatment (Holland)
life support (Malcherick and steel)
bad medical (cheshire)

Question 6

4) men’s rea

Answer 6

intention (mohan) or recklessness (cunningham) to do an act which causes the v to apprehend immediate unlawful force (Venna)