Assault

Question 1

First step of the model answer? (definition)

Answer 1

S.39 Criminal Justice Act 1988 outlines an assault or intentionally or recklessly causing V to apprehend immediate unlawful violence (Fagan).

Question 2

Second step of the model answer? (apprehension)

Answer 2

D must cause V to apprehend a general awareness of violence (Smith v Woking). Here, as D felt X (scared, shocked etc) they clearly apprehended violence from D.

((if relevant: can be a joke as long as D made V apprehend violence (Logdon), unless V shared the joke as there would be no apprehension (Lamb)).

Question 3

Third step of the model answer? (immediate)

Answer 3

The apprehension does not have to be immediate, but must be carried out within a reasonable amount of time. The emphasis is on when V believed violence would occur (Ireland). Here, immediate is satisfied as…

Question 4

Fourth step of the model answer? (unlawful violence)

Answer 4

There does not need to be physical contact between D and V (Constanza). The unlawful violence can be silent phone calls (Ireland) or threatening gestures (Stephens v Myers). Here, D’s (gesture, words etc) would amount to unlawful violence.

Question 5

Fifth step of the model answer? (mens rea)

Answer 5

D must have direct intention or subjective recklessness to do the AR / cause V to apprehend immediate unlawful violence. R v Venna outlines that subjective recklessness is sufficient. In this case, D has the (state type of MR) to cause V to apprehend violence because (explain how D has satisfied this.