Assault

Question 1

What is the definition of assault? + case

Answer 1

‘an act which causes another person to apprehend the infliction of immediate, unlawful force on his person’

Wilcock v Collins

Question 2

How are assault and battery related?

Answer 2

They often occur at the same time pointing a gun at someone = assault, firing it = assault and battery

However one can happen without the other, a battery could happen and not an assault if they are attacked from behind

Question 3

what are the requirements for assault?

Answer 3

1) D intends that C apprehends the application of unlawful force
2) C reasonably apprehends the immediate and direct application of unlawful force
3) For which the D has no lawful excuse (no defences)

Question 4

What is meant by D intends that C apprehends the application of unlawful force?

Answer 4

D must have intentionally, or have been subjectively reckless, to cause the C to apprehend the application of immediate force or violence
This is the same issues with battery e.g. transferred intent

Question 5

When will ‘reasonably apprehends’ not be satisfied?

Answer 5

If C knows D has no way of inflicting the violence e.g. they are saying they will shoot the gun but C knows they have no bullets

Question 6

Tubervell v Savage

Answer 6

There will be no assault if the D says they will carry out the violence later (i.e. conditional threats)

no assault when drawing sword because it was ‘assize time’ (when the king was visiting)

Question 7

R v Ireland

Answer 7

silence could amount to apprehension of unlawful force