8.1 Assault

Question 1

Which statute did assault come from?

Answer 1

s.39 CJA 2009

Question 2

What is the AR of assault

Answer 2

Any act causing the victim to apprehend a fear of immediate unlawful violence

Question 3

Examples of acts that amount to assault

Answer 3

• Spitting** (R v Misilati)**
• Words (R v Constanza)
• Phone Calls** (R v Ireland)**
• Silence (R v Ireland)

Question 4

Break down AR of assault: fear of immediate violence

Answer 4

The force has to be able to be immediate (Smith v Woking)
* V has to actually fear (R v Lamb)
* Conditional threats do not count (Tuberville v Savage)

Question 5

MR of assault

Answer 5

Intent to cause V to fear immediate violence
Recklessness to cause the fear ** (R v Cunningham)**