Topic 7: Non-Fatal Offences - Assault

Question 1

What law is assault?

Answer 1

Common Law

Question 2

What act are you charged under for assault?

Answer 2

S39 Criminal Justice Act 1988

Question 3

What is assault defined as?

Answer 3

“An Act which causes the victim to apprehend the infliction if immediate, unlawful force with writhed an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused”

Question 4

What is the actus reus for assault?

Answer 4

An ‘act’ which causes fear of immediate, unlawful violence

Question 5

What’s in the case of Constanza?

Answer 5

Words alone can not be an assault

Question 6

What’s in the case of R v Ireland?

Answer 6

Silence can amount to an assault

Question 7

What’s the mens rea for assault?

Answer 7

Intention to cause the Victim to apprehend immediate unlawful personal violence or subjective recklessness as to causing V to apprehend immediate unlawful personal

Question 8

What’s in Tuberville v Savage?

Answer 8

The words indicated that no violence would follow