non fatal offences - assault

Question 1

definition of assault

Answer 1

common law offence
IRELAND
D intentionally or recklessly causes the victim to apprehend immediate & unlawful violence - although common law offence, also recognised as a statute
S.39 CRIMINAL JUSTICE ACT 1988
states it is a summary offence with a max sentence of 6 months imprisonment &/or fine

Question 2

1st step and definition

cases

Answer 2

1st step & definition
AR-was there “an act”
can be actions,gestures words or silence

cases
CONSTANZA
written words are enough for assault - letters, emails, texts & social media messages
IRELAND
words are enough for an assault
IRELAND
silence can amount to an assault-silent phone calls

Question 3

2nd step and definition

cases

Answer 3

2nd step and definition
Did V “apprehend”
Ds act must cause v to apprehend. do not need fear, just apprehension/anticipation

cases
LAMB
if v doesn’t apprehend imediate force, assault has not been committed
LOGDON
doesn’t matter if D made his threat as a joke if v believed him
TUBERVILLE V SAVAGE
words can prevent an assault if they indication d is not intending to cause harm - v would not be apprehending

Question 4

3rd step and definition

cases

Answer 4

3rd step and definition
AR-did d apprehend “immediate” violence?
quite a wide interpretation of this

case
CHIEF V SUPERINTENDENT OF WOKING POLICE STATION
immediate does not need to be instantaneous but must be imminent

Question 5

4th step and definition

Answer 5

4th step and definition
Does v apprehend “unlawful personal violence”?
v does not need to apprehend an injury, pain or harm - can be mere touch, provided it is unwanted.
must be unlawful-usually due to lack of consent
must be personal violence

Question 6

5th step and definition

Answer 6

5th step and definition
AR- did Ds act “cause” Vs apprehension? -causation
apply normal rules of causation

Question 7

6th step and definition

case

Answer 7

5th step and definition
MR-does d intend or is he subjectively reckless to cause V to apprehend immediate unlawful violence
does not need to intent carrying out the actual violence, only making v apprehend it

case
SAVAGE
intention or subjective recklessness to cause the victim to apprehend immediate unlawful violence