Common Assault

Question 1

Act/ section no for assault and battery

Answer 1

S.39 criminal justice act 1988

Question 2

Assault definition

Answer 2

To intentionally or recklessly cause the apprehension of immediate force

Question 3

Actus reus points assault (4)

Answer 3

-no need for contact
-offence comitted when defendant acts to cause the victim to believe unlawful force will be used against them
-creating the fear is sufficient
-does not matter if defendant cannot feasibly cause injury to the victim

Question 4

Will be no assault if there is no fear

Answer 4

R V Lamb

Question 5

Evidence of fear of violence is enough

Answer 5

R V Misalati

Question 6

If the assault is intended as a joke then no assault shall be committed as the defendant lacks mens rea

Answer 6

Chambers V DPP

Question 7

Words and silence can constitute an assault

Answer 7

R V Ireland, R V Constanza

Question 8

Phone calls can constitute an assault

Answer 8

R V Ireland

Question 9

Letters can constitute an assault

Answer 9

R V Constanza

Question 10

Words can cancel an assault

Answer 10

Tuberville V Savage

Question 11

The defendants actions must be the cause of the fear

Answer 11

Smith V Chief Superintendant Woking Police Station

Question 12

The defendant foresaw the risk that their actions created a fear of immediate force in the victim (recklessness)

Answer 12

R V Cunningham

Question 13

Confirms R V Cunningham

Answer 13

R V G