Assault

Question 1

Defined in…

Answer 1

> Common law

Question 2

Actus reus

Answer 2

> Causing the victim to apprehend immediate unlawful force.
No physical action

Question 3

Actions

Answer 3

> Read v Coker (1853)

-Legal principle= Gesture/ actions can be an assault.

Question 4

Words

Answer 4

> R v Ireland (1998)

-Legal principle=
1. Silence can be assault.
2. Spoken words can be assault.

> R v Constanza (1997)

• Legal principle=
  1. Written words can be assault.

Question 5

If the defendant says something that indicates there will be no violence =

Answer 5

> Tuberville v Savage (1669)
‘’ If it were’’
‘‘If x was not here’’

• When D states they would commit a crime if not for an external factor.

Question 6

Apprehending Force

Answer 6

> To expect/ think force will be used.

Question 7

Imitation

Answer 7

> DPP v Logdon (1976)

• Legal principle =
  1. It is possible for the V to apprehend force even if the use of that force is not possible ( as long as V believes its possible)

Question 8

Force V apprehended was ‘immediate’

Answer 8

> Smith v Chief Constable of Woking (1983)

Question 9

Immediate meaning

Answer 9

> In the near future.

Question 10

Mens rea

Answer 10

> Intentionally or recklessly completing the actus reus. (assault)

Question 11

Direct intention

Answer 11

> R v Mohan
= When D aims to bring about the consequence.

Question 12

Recklessness

Answer 12

> R v Cunningham
= D realises the consequence yet carries on regardless.

Question 13

Extra issues with mens rea

Answer 13

> Transferred malice
= R v Latimer

> Coincidence