Assault structure

Question 1

Identify and define?

Answer 1

Assault is a common law offence charged under S39 of the Criminal Justice Act 1988.

Question 2

What is the actus reus of assault? then apply

Answer 2

The Ar is causing the victim to apprehend immediate unlawful force

Question 3

First element - D’s threatening action - examples and cases

What can negate an assault - one case

Answer 3

Read v Coker/Lamb - Gestures/actions

R v Ireland - Words (silent phone calls/verbal threats)

R v Constanza -letters = written words

Tuberville v Savage - D essentially saying/indicating there will be no violence

Question 4

Second - Apprehension - meaning and cases

Answer 4

To fear force - shaking crying etc

DPP v Logdon - possible for V to apprehend force even if the use of force is not possible

Question 5

Third - Immediacy - case

Answer 5

Smith v CCoW - shows immediacy can mean in the near future.

Question 6

What is the mens rea of assault? then apply

Answer 6

The D must intend or be reckless in causing the victim to apprehend immediate unlawful force.
This can can be either direct intent (R v Mohan) aiming to bring about the prohibited consequence, oblique (Woolin) or recklessness, this is where D realises the act will cause the prohibited consequence but conituing regardless (R v Cunningham)

Question 7

Extra issues?

Answer 7

Transferred Malice - Mens rea for intended victim is transferred to the actual victim

Coincidence - AR and MR must coincide but there are 2 exceptions; Single transaction theory
Continuing act theory