Assualt

Question 1

Definition

Answer 1

Common law offence
Ireland - D intentionally or recklessly causes the victim to apprehend immediate and unlawful violence
S.39 criminal justice act 1988 - summary offence max 6 months imprisonment and/or a fine

Question 2

1. Actus Reus - Was there an act?

Answer 2

• Verbal threats, non verbal gestures, chasing, threats
  Constanza - Written words are enough
  Ireland - Words are enough
  Ireland - Silence can amount to an assault

Question 3

2. Actus Reus - Did V apprehend

Answer 3

-What V thought was about to happen - expectation
Lamb - If V doesn’t apprehend immediate force, assault has not been committed
Logdon - Doesn’t matter if D made his threat aaas a joke if V believed him
Tuberville V savage - words can prevent assault

Question 4

3. Actus Reus - Did V apprehend IMMEDIATE violence?

Answer 4

• Is V expecting violence to happen straight away
  Smith V Chief Superintendent of working police station - Immediate does not need to be instantaneous but must be imminent

Question 5

4. Actus Reus - Does V apprehend UNLAWFUL PERSONAL VIOLENCE?

Answer 5

• Does the thing V is apprehending a form of unlawful violence
• Doesn’t need to apprehend violence, injury or harm
• Must be unlawful - lack of consent / Personal

Question 6

5. Actus Reus - Did D’s act CAUSE v’s APPREHENSION

Answer 6

D’s Act - V’s apprehension of immediate and unlawful violence

Question 7

6. Men’s Rea - Does D intend or he is subjectively reckless?

Answer 7

• Do not need to intend carrying out the actual violence
  Savage - Intention or subjective recklessness to cause the victim to apprehend unlawful and immediate violence