Assault Flashcards
What is the definition of Assault?
Assault is defined by Lord Goff in Collins v Wilcock as ‘an act which causes the victim to apprehend immediate - unlawful force’.
What is the first element of the Actus Reus of Assault and Case?
The defendant must have done an act. This can be words - gestures - or even silence (Ireland).
What is the side rule of Constanza?
The side rule of Constanza states that the act can be written words - emails or texts.
What is the second element of the Actus Reus of Assault and Case?
The act must make the victim apprehend force. This means that the defendant saw the threat to be real and genuine. This is subjective to the victim (Lamb).
What is the side rule of Logden?
The side rule of Logden states that even a joke can be an assault if it makes the victim apprehend force.
What is the third element of the Actus Reus of Assault and Case?
The threat of force must be immediate. This is subjective to the victim (Smith v Chief of Woking Police).
What is the side rule of Tuberville v Savage?
In Tuberville v Savage the court also said that words can negate an assault. This is subjective to the victim.
What is the Mens Rea for Assault and Case?
The mens rea of assault is the intention or recklessness to do an act which causes the V to apprehend immediate unlawful force (Venna).
