L3: Assault - MCQ's and Application Practice

Question 1

What is a NFO ?

Answer 1

A criminal act that causes harm or inury but not death. For example, assault.

Question 2

What is a Fatal Offence ?

Answer 2

A criminal act that results in death of the victim or causes serious harm leading to death. For example, murder or manslaughter.

Question 3

What is an Assault ?

Answer 3

An act by whcih the D intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence. i.e. shaking a fist at someone.

Question 4

Which act and section of the act makes assault a criminal offence ?

Answer 4

s.39 of the Criminal Justice Act 1998. However it doesn’t definite assault.

Question 5

What is the AR of assault ?

Answer 5

The defendant causes victim to apprehend imminent unlawful force. So, the prosecution must prove:
- The D performs an act
- Causes victim to apprehend
- Immediate
- Unlawful Force

Question 6

Key case for the AR of assault

Answer 6

Collins v Willock (1984)

Question 7

What is the MR of assault ?

Answer 7

The D intended or was reckless that the victim would apprehend imminent unlawful force.
So, the prosecution must prove:
- Intention
OR
- Recklessness

Question 8

Key Case for the MR of Assault

Answer 8

R v Venna (1976)

Question 9

What are the elements of assault ?

Answer 9

Act - It requires a positive act so can’t be commited by an omission - Fagan v Metropolitan Commissioner (1969)
Omission- The D’s omission may constitute an assault where he creates a dangerous situation
(DPP v Santa-Bermudez (2003)

Question 10

Assault by words

Answer 10

Words alone can constitute to an assault, without the presence of physical action, if they cause victim to apprehend fear of immediate violence.

Question 11

Key case for Assault by Words

Answer 11

R v Constanza

Question 12

Assault by Silence

Answer 12

Silence may amount to an assault

Question 13

Key Case for Assault by Silence

Answer 13

R v Ireland
Facts: Mr Robert Ireland made a series of silent telephone calls to three women. Women as a result suffered psychological harm.
Issue: Whether silence could amount to an assault
Decision: Silent telephones calls are capable of amounting to assault if the victim apprehends immediate unlawful violence.

Question 14

What are the AR elements of assault ?

Answer 14

• Apprehension of Force
• Immediate force
• Unlawful force

Question 15

What is Apprehension of force ?

Answer 15

-D’s act must cause apprehension of violence/force
-Apprehension doesn’t mean fear, it means expectation.

Question 16

What is immediate force ?

Answer 16

-This would only suffice for assault
-Theres several cases in which the court didn’t apply the immediately requirement strictly. For instance, in R v Ireland (1998), Lord Steyn said fear of violence within a minute or two might be sufficient to constitute an assault.
-A threat to be violent in the distant future isn’t an assault.

So, in a nutshell:
1.Apprehension of immediate violence – Assault
2.Immediate apprehension of deferred violence – No Assault

Question 17

What are the MR elements of Assault ?

Answer 17

-Intention
-Recklessness

Question 18

How are these two elements defined ?

Answer 18

• Intention- This is where the D intended to cause apprehension or immediate unlawful force.
• Recklessness-This is where the D foresaw that there was a risk that the victim would apprehend immediate unlawful force.