assault template

Question 1

D is criminally liable for

Answer 1

common assault = summary offence triable in the magistrates court, set out in S39 of CJA 1988

Question 2

Actus reus

Answer 2

to cause the V to apprehend the threat of immediate unlawful force by words, R v Constanza, actions, R v Smith or both R v Lewis

Question 3

actus reus application

Answer 3

by what D did to V (what was it) it made V apprehend the threat of immediate unlawful force (how do you know?)

Question 4

mens rea

Answer 4

a person is guilty of common assault if he intentionally or recklessly makes the V apprehend immediate and unlawful force, R v Venna.
D would be subjectively reckless if he sees the risk his actions could cause fear but continues these actions anyways

Question 5

application of mens rea

Answer 5

D actions were intentional or subjectively reckless because…

Question 6

conclusion

Answer 6

D does/ doesn’t have the AR and MR of common assault which is a summary offence triable in the magistrates court

Question 7

Immediate, R v lewis

Answer 7

Interpreted to mean imminent in R v Ireland.

Question 8

Tuberville v Savage

Answer 8

Words can amount to an assault