Assault - Paper 1 Flashcards
An assault causes the victim to feel what?
Fear
Who defined assault in Collins v Wilcock?
Lord Goff
What is the definition of an assault?
An act which causes the victim to apprehend immediate unlawful personal violence/force
What examples are there for acts?
Words, gestures, silence (Ireland)
Which case held that sending letters can be an act?
Constanza
What was the decision in Tuberville v Savage?
Words indicating there will be no violence may prevent an assault occurring, the words cancel out the offence
Which case held that apprehension means V must believe that the threat was real?
Lamb
What was the decision in Logden?
Even if D meant the threat as a joke, it is still an assault if V was sufficiently frightened
Which case held if V believes the threat was immediate, then this part of the actus reus is complete?
Smith v Chief Superintendent of Woking Police
What is the mens rea of assault?
Intention or recklessness to cause V to apprehend immediate unlawful force
Which case illustrates the mens rea of assault?
Venna