Assault Flashcards
What case is used in the definition?
Lord Goff in Collins v Wilcock
What is the definition of assault?
An act which causes the V to apprehend immediate unlawful force
What must the D do?
The D must do an act - words, gestures, even silence
What is the case for the ‘act’?
Ireland
What is the side rule for the ‘act’?
Written letters/emails/texts
What is the case for the side rule - letters?
Constanza
What just the V apprehend?
The V must apprehend force. If there is no apprehension there is no assault. This is subjective to the V.
What case is used for apprehension?
Lamb
What is the side rule for apprehension?
Jokes - even a joke can be an assault if it makes the V apprehend force
What case is used for jokes?
Logden
What must be immediate?
The threat of force towards the V (subjective to the V)
What case is used for threat of force?
Smith V Chief of Woking Police
What is the side rule for the threat of force?
That words may negate the assault
What’s the case for the negate the assault?
Tuberville v savage
What is the mens rea for assault?
The mens rea for assault is the intention or recklessness to do an act which cause the V to apprehend immediate unlawful force
