Assault

Question 1

Assault Definition

Answer 1

“An act which causes the victim to apprehend the immediate infliction of unlawful force”

Common Law derived
Charged under the Criminal Justice Act

Question 2

Assault Actus Reus

Answer 2

An Act

Which Causes the apprehension of immediate unlawful harm

Question 3

Assault Mens Rea

Answer 3

Intention to cause the victim to apprehend the immediate infliction of unlawful force

Question 4

Assault AR - Apprehension

Answer 4

Apprehension - Fear of impending harm

Read v Coker - D threatened V - Words can amount to an assault

R v Lamb - Revolver - no apprehension = no assault

Smith v Woking Police Station - D was outside property with no means of entry - V could still apprehend unlawful force

Question 5

Assault AR - Immediate

Answer 5

Immediate - Time where the unlawful force will occur

Ramos - Racist bomb threats - Immediacy is not key where the V is fearful

Smith v Woking Police Station - D was outside property with no means of entry - V could still apprehend unlawful force

R v Constanza - Campaign of hate - words can amount to an assault

Question 6

Assault MR - Intention/subjective recklessness

Answer 6

Intention - D must have the desire to bring about the MR in the V

R v Mohan - D drove into police officer - no assault as D lacked the intention to commit an assault on the officer

R v Cunningham - D tore off a gas meter - Recklessness can lead to an assault even though the result was not the V’s intention by rather a byproduct.