ASSAULT

Question 1

What is the case for actions (assault)?

Answer 1

Read v Coker- Gestures and physical actions can be an assault

Question 2

Whats the case for words (assault)?

Answer 2

R v Ireland- An assault can be carried out by spoken words/silence
R v Constanza- An assault can be carried out by written words

Question 3

Whats the case for negating words?

Answer 3

Tuberville v Savage- Words can negate what would otherwise have been an assault

Question 4

Whats the case for V apprehending a force?

Answer 4

DPP V Logdon- Its possible for V to apprehend force even i the use of force isn’t possible

Question 5

Whats the case for a force being immediate?

Answer 5

Smith v Cheif Constable of Woking- Force V apprehends must be ‘immediate’ meaning in the near future

Question 6

Where is assault defined?

Answer 6

Common law

Question 7

mens rea of assault?

Answer 7

direct intetion or recklessness as to cause v to apprehend immediate unlawful force

Question 8

acteus reus of assault?

Answer 8

causing the victim to apprehend immediate, unlawful force