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z A2 Law - Non-fatal Offences > Assault > Flashcards

Assault Flashcards

1
Q

What is the statutory definition of assault?

A

There isn’t one.

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2
Q

What piece of legislation defines assault?

A

Assault is defined by common law - there is no legislation to define it.

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3
Q

What is the actus reus for assault?

A

Any act where the defendant causes the victim to apprehend the immediate application of unlawful force

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4
Q

What does ‘apprehend’ mean?

A

You have to think something is going to happen, it doesn’t actually have to happen and does not necessarily mean fear.

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5
Q

What are some examples of assault?

A

Raising a fist as if you are about to hit the victim
Throwing a stone and missing
Making a threat

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6
Q

Why can a conviction for assault be quashed?

A

If the threat was not immediate

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7
Q

What cases are relevant to assault?

A

Smith v Chief Superintendant of Woking Police Station (1983)
R v Constanza (1997)
R v Ireland (1997)
Tuberville v Savage (1669)

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8
Q

What case was in 1983?

A

Smith v Superintendent of Woking Police Station

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9
Q

What is the date of the case of Smith v Chief Superintendent of Woking Police Station?

A

1983

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10
Q

What happened if the case of Smith v Chief Superintendent of Woking Police Station (1983)?

A

The defendant was standing in the garden at around 11pm watching the victim dress

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11
Q

What was the outcome of Smith V Chief Superintendent of Woking Police Station (1983)?

A

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.

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12
Q

What is assault defined by?

A

Assault is defined by common law.

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13
Q

What are the larger problems with the case of Smith v Chief Superintendent of Woking Police station (1983)?

A

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

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14
Q

When was the date of R v Constanza?

A

1997

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15
Q

What cases were in 1997?

A

R v Ireland

R v Constanza

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16
Q

What was the outcome of the case of R v Constanza (1997)?

A

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

17
Q

What was the out come of the case of R v Ireland (1997)?

A

The House of Lords ruled that even silent phone calls could amount to assault

18
Q

What is the date of the case of R v Ireland?

A

1997

19
Q

What are the larger problems with the cases of R v Constanza (1997) and R v Ireland?

A

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

20
Q

Can words be an assault?

A

Yes

21
Q

Can words negate assault?

A

Yes

22
Q

What can words do in relation to assault?

A

They can be an assault or negate one

23
Q

What does negate mean?

A

Undo

24
Q

What case is relevant to words negating an assault?

A

Tuberville v Savage (1669)

25
Q

What is the case of Tuberville v Savage (1669) relevant to?

A

Words negating an assault

26
Q

When was the date of Tuberville v Savage?

A

1669

27
Q

What case happened in 1669?

A

Tuberville v Savage

28
Q

What happened in the case of Tuberville v Savage (1669)?

A

The defendant said ‘if it were not assize time I would not take such language from you’

29
Q

What is the point of law in Tuberville v Savage (1669)?

A

He was saying he would not do anything because the court was not in town therefore there was no assault

30
Q

What is meant by the term force?

A

Anymore of contact, this does not necessarily mean violence

31
Q

What is the mens rea for assault?

A

The defendant either intends to cause the victims to think they will inflict force on them or is reckless as to whether the victims will believe that. The defendant must realise there was a risk.

32
Q

What case is relevant to the mens rea of assault?

A

R v Lamb

33
Q

What is the point of law in R v Lamb?

A

The actus reus could not be assault because the victim and the defendant were joking the defendant did not realise there was a risk.

34
Q

What is the problem of the case of Tuberville v Savage (1669)?

A

It is very old and outdated and maybe not applicable to today’s modern society

z A2 Law - Non-fatal Offences (5 decks)

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