Assault

Question 1

What is the Actus Reus of Assault?

Answer 1

Any act that causes the victim to apprehend immediate and unlawful violence

Question 2

What is the Mens Rea of Assault?

Answer 2

Any act that was intended to cause the victim to apprehend immediate and unlawful violence or recklessness

Question 3

What are the three elements of Actus Reus in assault?

Answer 3

• Causing the victim to apprehend violence
• Immediate violence
• Unlawful violence

Question 4

What is Assault?

Answer 4

Intentionally to recklessly causing the victim to apprehend immediate and unlawful violence.

Question 5

Does causing the victim to apprehend violence need to be physical between defendant and victim?

Answer 5

No, the victim just needs to be frightened etc.

Question 6

What could be a case for the court deciding that an assault could be by words or actions?

Answer 6

Logdon (1976) - replica gun pointed at face.

Question 7

What could be a case for an assault being caused by actions alone.

Answer 7

Smith v chief superintendent of Woking police station (1983) - staring through window.

Question 8

What could be a case for the court deciding that silence or words alone can be an assault.

Answer 8

Ireland (1997) - silent calls.

Question 9

What section is assault under the OAPA 1861?

Answer 9

Section 47

Question 10

What is the maximum range of imprisonment for assault?

Answer 10

5 years.