Assault

Question 1

R v Lamb

Answer 1

AR - apprehend

No assault committed as the V did not believe that the gun would go off, therefore he did not apprehend immediate unlawful personal violence

Question 2

Logdon v DPP

Answer 2

AR - apprehend, MR - recklessness

The gun wasn’t real so there was no actual threat. But an assault had been committed as V did not know this and apprehended immediate unlawful personal violence.

D was reckless as to whether the V would apprehend such violence

Question 3

R v Constanza

Answer 3

AR - apprehend

Words can amount to an assault

Question 4

R v Ireland

Answer 4

AR - apprehend

Silence and gestures, if threatening, can amount to an assault

Question 5

Tuberville v Savage

Answer 5

AR - apprehend

No assault as the words indicated that no violence would ensue - words can prevent an apprehension

Question 6

Smith v Chief Constable of Woking

Answer 6

AR - immediate

The basis of V’s fear was that she did not know what the D was going to do next

Question 7

R v Parmenter

Answer 7

MR - recklessness

The D was reckless as he appreciated the risk. It is not sufficient that he should have foreseen a risk of injury.

Question 8

Assault plan

Answer 8

Common law offence, summary offence, therefore only triable in Magistrates’ Court - maximum sentence of six months’ imprisonment (according to s39 of 1988 Act)

Under s39 of Criminal Justice Act 1988 - no statutory definition

Actus reus:
The V must apprehend immediate unlawful personal violence
1) Apprehend - V must be aware that they’re about to be subjected to immediate unlawful personal violence (fear isn’t necessary) - R v Lamb
- Doesn’t need to be an actual threat - Logdon v DPP
- Can be actions, words, or even silence - R v Constanza, R v Ireland, Tuberville v Savage
2) Immediate - satisfied if V didn’t know what D was going to do next - Smith v Chief Constable of Woking
3) Unlawful - relates to the presence of a defence
4) Personal violence - the V needs to apprehend the level of force that would amount to a technical battery

Apply…..

Mens rea:
- The intention to cause the V to apprehend immediate unlawful personal violence, or
- Reckless as to whether such apprehension is caused - R v Parmenter, Logdon v DPP

Apply…..

Conclusion - if all elements of AR and MR are present, assault has been committed.