Assault

Question 1

I

Answer 1

D may be liable for an assault

Question 2

Definition

Answer 2

Lord Goff in Collin’s v Wilcock defined assault as an act which causes the v to apprehend immediate unlawful force

Question 3

Actus reas

Answer 3

E - D must do an act this can be words, gestures or even silence (Ireland)

Side rule - written letters / emails / texts
(Constance)

Question 4

Apply

Answer 4

Can you see an act done by the D

Question 5

E

Answer 5

The v must apprehend force (Lamb) if there is no apprehension there is no assault. This is subjective to the v

Side rule - jokes - even jokes can be an assault if it makes the v apprehend force

Question 6

Apply

Answer 6

Did the v apprehend force

Question 7

E

Answer 7

The threat of force must be immediate (subjective to v) (smith v chief working police)

Side rule - words my negative the assault ( Turberville v savage)

Question 8

Apply

Answer 8

Did the v believe the force was immediate

Question 9

Men’s rea

Answer 9

E - the men’s rea of an assault is the intention or recklessness to do an act which causes the v to apprehend immediate unlawful force (Venna)

Question 10

Apply

Answer 10

Does the d have the intention (Morgan) or recklessness (Cunningham) to do the assault