assault

Question 1

definition of assault

Answer 1

“an act which causes the victim to apprehend immediate unlawful force” Lord Goff Collins v Wilcock

Question 2

Stage 1 of actus reus

Answer 2

D must do an act (words gestures or even silence (Ireland)
side rule- written letters/texts/emails (Constanza)

Question 3

Stage 2 actus reus

Answer 3

The v must apprehend force (Lamb) No apprehension, no assault (subjective to victim)
side rule- Jokes can be an assault if victim apprehended (Logden)

Question 4

Stage 3 actus reus

Answer 4

The threat of force must be immediate (subjective to victim)- Smith v chief of woking police
side rule- words may negative the assault (Tuberville v Savage)
-any causation issues)-

Question 5

mens rea of assault

Answer 5

intention (mohan) or recklessness (cunningham) to do an act which causes the victim to apprehend immediate unlawful force (Venna)
- transferred malice or coincidence rule-