Assault (Paper 1) Flashcards
What does an assault cause the victim to feel
Fear
Who defined assault in Collins v Wilcock
Lord Goff
What is the definition of assault
An act which causes the victim to apprehend immediate unlawful force
Give examples of acts
Words, gestures, silence (Ireland), letters (Constanza)
Stage 2 of assault
Victim must apprehend force
What is the ruling from Lamb
No apprehension, no assault. Apprehend means the victim must believe the threat was real
Name of the case that held a joke can still be an assault
Logden
Stage 3 of assault
Threat of force must be immediate
What was the decision in Smith v Chief of Woking Police
Subjective test, as long as the victim believed the threat of force was immediate, this part of the actus reus is complete
Which case which held words can negative or cancel an assault
Tuberville v Savage
What is the mens rea of an assault
Intention or recklessness to cause the victim to apprehend immediate unlawful force
Case which confirmed the mens rea of assault
Venna
