Assault

Question 1

What is the definition of Assault?

Answer 1

Lord Goff in Collins v Wilcock: “an act which causes the V to apprehend immediate unlawful force.”

Question 2

What is stage one of Assault (AR) & its side rules?

Answer 2

Stage one: The D must do an act.The act can be words, gestures even silence (Ireland)

Side rule: Written letters, emails & texts can also be an act (Constanza)

Question 3

What is stage two of Assault (AR) & its side rules?

Answer 3

Stage two: The V must apprehend force (Lamb). If there is no apprehension, there is no assault. This is subjective to the V.

Side rule: Jokes can be an assault if it makes the V apprehend force (Logden).

Question 4

What is stage three of Assault (AR) & its side rules?

Answer 4

Stage three: The threat of force must be immediate (Smith v Chief of working police). This is subjective to the V

Side rule: Words may negate the assault (Tuberville v Savage)

Question 5

What is stage four (MR) of Assault
(+ cases)?

Answer 5

Stage four: the intention (Mohan) or recklessness (Cunningham) to do an act which causes the V to apprehend immediate unlawful force (Venna).