Assault

Question 1

Collins v Wilcock?

Answer 1

definition of assault
Lord Goff, an act that causes V to apprehend immediate, unlawful force

Question 2

Ireland?

Answer 2

part 1 of actus reus
the D must do an act
inc. words/gestures/silence

Question 3

Constanza?

Answer 3

side rule to part one of actus reus
written words can be assault

Question 4

Logden?

Answer 4

side rule to part 2 actus reus
if threat was a joke, it’s still assault if V was sufficiently frightened

Question 5

Smith v Chief Superintendent of Woking Police?

Answer 5

part 3 actus reus
threat of force must be immediate
subjective test -did V believe threat was immediate?

Question 6

Tuberville v Savage?

Answer 6

side rule to part 3 actus reus
words may negative an assault
if D makes clear with words there’s no real threat, there’s no assault

Question 7

Mohan?

Answer 7

mens rea
intention to cause V to apprehend immediate unlawful force

Question 8

Cunningham?

Answer 8

mens rea
subjective recklessness to cause V to apprehend immediate unlawful force

Question 9

Venna?

Answer 9

confirmed mens rea of either intention or subjective recklessness

Question 10

Lamb?

Answer 10

part 2 actus reus
act must cause V to apprehend force
‘apprehend’- V must believe threat is real