Common Assault Flashcards
What is the definition of assault?
Assault is an act causing the V to apprehend immediate unlawful force with the intent to cause the V to apprehend immediate unlawful force or being reckless in doing so.
What constitutes an act?
A physical action that has been taken. Anything said or done.
R V Constanza - 800 letters
R V Ireland - silent phone calls
What does it mean by apprehend?
The V must anticipate some violence or believe there will be violence, however they don’t have to feel fearful (R V Lamb)
What does immediate mean?
The unlawful force must be apprehended imminently.
Future threats are not an assault.
What does negating assault mean?
No assault when the D declares to the V they will not carry out the threat.
A conditional threat does not negate an assault.
What is the mens rea for assault?
Intent - Aim desire and purpose (R v Mohan)
Recklessness - (R v Cunningham)
