C/ assault scaffold

Question 1

Intro?

Answer 1

In relation to d liability towards v they would be liable for assault under s.39 criminal justice act.

Question 2

Actus reus of assault?

Answer 2

-Actus reus of assault = “act causes victim to apprehend immediate unlawful personal violence.”
-V must apphrehend
the force (logdon).
-Force is immediate, but not instantaneous (smith)

Question 3

“but for test”

Answer 3

-must be proven that d is the factual cause of assault.
-In this scenario “but for” (pagett) they wouldn’t of suffered an assault.

Question 4

substianstial and operating cause

Answer 4

-victim’s own
actions (Roberts),
-3rd apart actions (Pagett) or medical negligence (Cheshire). –The thin skull rule never breaks the chain, must take victim as you find them (Blaue).

Question 5

Mens rea?

Answer 5

-Mens rea of assault = ‘defendant has intention/ recklessness making V apprehend immediate infliction of unlawful personal violence.’
-This intent can be direct (Mohan) or indirect (Woollin). Recklessness is subjective
(Cunningham).
-In this scenario… has direct intent/indirect intent/ recklessness as…

Question 6

outro

Answer 6

Therefore in this scenario, D satisfied all elements of actus reus + mens rea and will be criminally liable for Assault under s.39 of the Criminal
Justice Act.