Non Fatal offences- Assault Flashcards
Definition of assault
An act that cause the D to apprehend immediate unlawful force
Lord Goff- COLINS V WILCOCK
Actus Rea of Assault
Part 1
The D must do an act, which can be words, gestures,
Silence- IRELAND
Assault Side Rule
Part 1
Sending letters, emails or text messages can be an act
CONSTANZA
Actus Rea of Assault
Part 2
The act must cause the V to apprehend force
Subjective
LAMB- the v must believe the the threat was re or genuine
Assault Side Rule
Part 2
Even if the D meant the threat as a joke it is still assault if the v was sufficiently frightened
LODGEN
Actus Rea of Assault
Part 3
The threat of force must be immediate
Subjective
The v must have Believed the threat was immediate
SMITH V CHIEF SUPERINTENDENT OF WORKING POLICE
Assault Side Rule
Part 3
Words my cancel out an assault
The D make it clear, by their choice of words that there is no real threat
TUBERVILLE V SAVAGE
Mens Rea of assault
Intention (MOHAN)
Recklessness (CUNNINGHAM)
Causes the V to apprehend immediate unlawful force
VENNA