Assault Flashcards
What is the statutory definition of assault?
There isn’t one.
What piece of legislation defines assault?
Assault is defined by common law - there is no legislation to define it.
What is the actus reus for assault?
Any act where the defendant causes the victim to apprehend the immediate application of unlawful force
What does ‘apprehend’ mean?
You have to think something is going to happen, it doesn’t actually have to happen and does not necessarily mean fear.
What are some examples of assault?
Raising a fist as if you are about to hit the victim
Throwing a stone and missing
Making a threat
Why can a conviction for assault be quashed?
If the threat was not immediate
What cases are relevant to assault?
Smith v Chief Superintendant of Woking Police Station (1983)
R v Constanza (1997)
R v Ireland (1997)
Tuberville v Savage (1669)
What case was in 1983?
Smith v Superintendent of Woking Police Station
What is the date of the case of Smith v Chief Superintendent of Woking Police Station?
1983
What happened if the case of Smith v Chief Superintendent of Woking Police Station (1983)?
The defendant was standing in the garden at around 11pm watching the victim dress
What was the outcome of Smith V Chief Superintendent of Woking Police Station (1983)?
The court held that as far as the victim was concerned there was an immediate threat. The defence tried to argue there was no immediate threat.
What is assault defined by?
Assault is defined by common law.
What are the larger problems with the case of Smith v Chief Superintendent of Woking Police station (1983)?
It illustrates the problem with the actus reus and the definitions of ‘immediate’ and ‘apprehend’
The case is slightly outdated because of new stalking laws
When was the date of R v Constanza?
1997
What cases were in 1997?
R v Ireland
R v Constanza
What was the outcome of the case of R v Constanza (1997)?
The House of Lords said it is sufficient for the prosecution to prove the apprehension of force at some time, not excluding the immediate future
What was the out come of the case of R v Ireland (1997)?
The House of Lords ruled that even silent phone calls could amount to assault
What is the date of the case of R v Ireland?
1997
What are the larger problems with the cases of R v Constanza (1997) and R v Ireland?
They have widened the use of assault, more circumstances could now be claimed as assault.
The precedent set by the cases is very subjective, ‘apprehension of force at sometime’ and at which point do silent phone calls become assault
Can words be an assault?
Yes
Can words negate assault?
Yes
What can words do in relation to assault?
They can be an assault or negate one
What does negate mean?
Undo
What case is relevant to words negating an assault?
Tuberville v Savage (1669)
