Assault

Question 1

Structure

Answer 1

I. Identify the offence - assault

D. Defined in common law made by judges

E. Explain the actus reus of assault

A. Apply the actus reus of assault

E. Explain the mens rea of assault

A. Apply the mens rea of assault

Question 2

Defined

Answer 2

Defined in common law made by judges

Question 3

Explain actus reus

Answer 3

The actus reus of assault is causing the victim to apprehend immediate unlawful force

Question 4

Actus reus cases

Answer 4

Apprehend - DPP v Logdon
Immediate - Smith v Chief Constable of Woking
Things done - Read v Coker
Words said or not said - R v Ireland
Words written - R v Constanza
But
A defendant can say words that can prevent an assault occurring - Tuberville v Savage

Question 5

Explain mens rea

Answer 5

Men’s rea of assault is either direct intention or recklessness as to causing the victim to apprehend immediate unlawful force

Question 6

Apply mens rea

Answer 6

Direct intention - R v Mohan
The defendant sets out/aims to cause the victim to apprehend unlawful force

Recklessness- R v Cunningham
The defendant realises the risk but carries on regardless