ASSAULT

Question 1

What is the actus reus for assault?

Answer 1

causing the victim to apprehend immediate and unlawful personal violence

Question 2

What is the mens rea for assault?

Answer 2

intentionally or recklessly causing the victim to apprehend immediate and unlawful personal violence

Question 3

How is apprehension determined?

Answer 3

• Apprehension means to make the victim expect or anticipate but not necessarily fear immediate and unlawful personal violence (contrastR v LambandR v Logdon).
• Words alone and silence is enough (R v Ireland).
• Words can however negate an assault (Tuberville v Savage).

Question 4

Does immediate mean instantaneous?

Answer 4

Does not mean instantaneous but some time not excluding the immediate future (R v Constanza) or imminent (R v Ireland).

Question 5

When will an assault be lawful?

Answer 5

done in self-defence or with the victim’s consent