Assault

Question 1

What act is assault charged under

Answer 1

S39 criminal justice act

Question 2

Actus Reus of assault

Answer 2

Causing the apprehension of immediate and unlawful personal violence

Question 3

What are the key words in the Actus Reus of assault

Answer 3

Act, apprehend, immediate, unlawful, personal violence

Question 4

Define act

Answer 4

Requires and act or words an omission is not sufficient

Question 5

Define apprehend

Answer 5

D must apprehend violence but he does not have to fear it

Question 6

Can assault occur if the act was unnoticed

Answer 6

No because v would not apprehend unlawful personal violence

Question 7

Cases linked to apprehension

Answer 7

Tuberville v savage

And light

Question 8

Cause facts and legal principle of tuberville v savage

Answer 8

D placed hand on a sword and said if it were not assisze time, I would not take such language from you-
This was not an assault because his words indicated there would be no violence which prevented the act from being an assault

Question 9

Case facts and legal principle of light

Answer 9

In light he raised a sword above his head and said were it not for the bloody police man outside I would split your head open
Assault despite the facts his words indicated there would be no violence, in the circumstance of his acts the words were not enough to negate apprehension of unlawful violence

Question 10

Which House of Lords case stated that words alone may amount to an assault

Answer 10

Constanza

Question 11

Which case indicated silent telephone calls could constitute an assault depending on the impact on the victim

Answer 11

Ireland

Question 12

Define immediate

Answer 12

There must be a treat of immediate violence so a threat to attack next week is not an assault

Question 13

In which case did courts take a generous view of immediately and ruled a threat can’t exclude the immediate future

Answer 13

Constanza

Question 14

So immediate mean

Answer 14

Imminent but not instantaneous

Question 15

Case showing showing immediate force is not necessary it needs to be imminent

Answer 15

Smith v chief superintendent of Woking police station

Question 16

Case facts of smith v chief superintendent of Woking police station

Answer 16

D broke into vs garden at night and looked though her window causing v to apprehend violence
Although d was outside and no attack could be immediate, the court held v was frightened and did not know what he was going to do but feared it would be violent
Fear of what he might do next was sufficiently immediate for purpose of offence

Question 17

Define unlawful

Answer 17

If any threat of force is lawful then it can’t be an assault eg self defences

Question 18

What type of offence

Answer 18

Common law offence

Question 19

Where does the meaning of assault come from/ defining case?

Answer 19

Fagan v metropolitan police commissioner

Question 20

Is it a sic or Bic offence

Answer 20

Bic

Question 21

What will do in terms or men’s rea

Answer 21

Intention or Cunningham recklessness

Question 22

What must d foresee

Answer 22

The risk that the victim will apprehend immediate unlawful violence and still go on to take that risk

Question 23

What is d is intoxicated

Answer 23

Considered to be doing the assault recklessly

Question 24

Which case confirmed that if d was intoxicated the illegal act would be reckless

Answer 24

Majewski

Question 25

Case showing apprehension of personal violence

Answer 25

Logdon v ddp

D had fake gun and showed v saying it was loaded, d was frightened