Assault Q2

Question 1

Introduction to assault

Answer 1

• S.39 Criminal Justice Act 1988.

- Intentionally or recklessly make V apprehend immediate unlawful violence (Fagan).

Question 2

What’s the actus reus of assault?

Answer 2

To cause v to apprehend immediate, unlawful violence

Question 3

Apprehension
What is it?
Case?

Answer 3

APPREHEND:
-This means to have a general awareness of violence.
-Smith v Supt. of Woking: in this case V did not know exactly what D would do to her
but there was a general awareness of violence and that was enough.
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Question 4

Extra point for apprehension

Answer 4

Extra points if they apply to scenario
-Apprehension can be satisfied even if D is joking
-Logdon: D pointed a gun at V as a joke however it made V scared. As long as D makes V aware of violence he is guilty.
-No apprehension if V shares the joke
-Lamb: D and V did not believe the gun would shoot, so V did not apprehend
violence.

Question 5

Immediate
What is it?
Case?

Answer 5

-This does not have to be straight away but D must be able to carry out the violence
within a reasonable amount of time.
-If D is far away from V or the violence is to be carried out too far into the future,
then it is not immediate.
-Smith v Supt. of Woking: D was outside of Vs house but as he could carry out the
violence at any time, this was sufficient.

Question 6

Unlawful violence

Answer 6

-There is no need for any physical contact between D and V.
-Constanza: D sent threatening letters etc. this amounted to assault even though
there was no physical contact.
-It can be by words or gestures.
-Stephens v Myers: Threatening gesture of waving fist was enough
-Ireland: silent phone calls could amount to assault.

Question 7

Mens Rea

Answer 7

-Intention or subjective recklessness to cause V to apprehend immediate unlawful
violence (Savage).
-Then choose which mens rea applies (direct, oblique or reckless) AND APPLY IT.