Assault

Question 1

What is assault?

Answer 1

Intentionally or recklessly causing another person to apprehend immediate and unlawful personal violence

Question 2

What is the actus reus of assault?

Answer 2

Causing the victim to apprehend immediate and unlawful personal violence

Question 3

What is meant by apprehension for assault?

Answer 3

• making the victim expect or anticipate but not necessarily fear immediate and unlawful personal violence
• words alone and silence is not enough
• words can negate an assault

Question 4

What is meant by immediate for assault?

Answer 4

Does not mean instantaneous just some time not excluding the immediate future or imminent

Question 5

What is meant by unlawful for assault?

Answer 5

There is no valid defence such as self-defence or consent

Question 6

What is meant by personal violence for assault?

Answer 6

All the victim has to anticipate is unwanted touch

Question 7

What is the mens rea for assault?

Answer 7

The defendant intends or is reckless as to causing the victim to apprehend immediate unlawful personal violence

Question 8

What does it mean that assault is a basic assault crime?

Answer 8

It means that it can be committed intentionally or recklessly

Question 9

When will D intend an assault?

Answer 9

When an assault is their aim or purpose

Question 10

When will D be reckless as to causing an assault?

Answer 10

• When they see a risk that their actions will cause the victim to apprehend immediate and unlawful personal violence and
• in the circumstances known to D it was unreasonable to take that risk

Question 11

What are examples of things that would amount to assault?

Answer 11

• threats of violence only
• victim anticipates violence but there is not actual touching
• some words or physical movement from D (eg raising a fist towards the victim) would be sufficient
• silence in the circumstances