Common assault- assault and battery

Question 1

What is assault

Answer 1

Some kind of attack on one person by another. It can involve threatening or actually causing harm

Question 2

What is the actus rea of assault

Answer 2

Putting the victim in fear of immediate or unlawful force being used against them

Question 3

Case for actus rea of assault

Answer 3

Ireland- Victim suffered psychiatric harm due to threats received over the phone. This satisfied the defendant having the actus rea

Question 4

what must be must be proved to satisfiy to prove actus rea

Question 5

what must be must be proved to satisfy actus rea and give a case

Answer 5

Must be a fear of immediate violence if the threat is not carried out there is no actus rea
Smith V chief superintendent- D staring at the victim through the window in the night, no immediate violence however the victim was frightened