Criminal Law

Question 1

What is the actus reus of assault?

Answer 1

Causing a person to apprehend IMMEDIATE force.

Question 2

Can mere words amount to assault?

Answer 2

Yes. So long as the person apprehends immediate force.

Question 3

Can an empty threat amount to assault?

Answer 3

Yes, so long as the person is made to fear an immediate attack.

E.g., If D places his hand inside his jacket pocket to give the impression he had a gun, and threatened to shoot V, this would be assault even if D had no gun.

Question 4

What is the mens rea of assault?

Answer 4

D must intentionally or recklessly cause V to apprehend the infliction of immediate force.

Note: Mens rea is satisfied even if D never intended to carry out the threat.

Question 5

What is the actus reus of battery?

Answer 5

The infliction of unlawful personal force.

Question 6

What is the mens rea of battery?

Answer 6

D must intentionally or recklessly inflict unlawful personal force.

Question 7

What is the difference between assualt and battery?

Answer 7

Assault = threatening of unlawful force

Battery = actual infliction of unlawful force