Assault

Question 1

Assault overview

Answer 1

A common law offence sentenced under S39 of Criminal Justice Act 1988.
Max sentence 6 months or fine of £5,000 or both.

Question 2

Assault

Answer 2

An act which causes the victim to apprehend the infliction of unlawful force with either intention to cause another to fear immediate unlawful violence or recklessness as to whether such fear is caused.

Question 3

An act

Answer 3

An assault requires an act or words. An omission isn’t sufficient.
Ireland- A series of silent phone calls were an assault as V feared the purpose of the call was to determine if she is home so the caller can come to her home immediately after the call and harm her.
Constanza- D wrote 300+ letters and phonecalls to V. V interpreted the last 2 letters as threats. There was a ‘fear of violence at some time, not excluding the immediate future’
Misalati- D verbally abused and spat at job centre staff. The staff feared violence so he was convicted of assault.

Question 4

Fear of force

Answer 4

Act/words must cause V to fear that immediate force is going to be used against them.
Logdon- D pointed replica gun at V as a joke. V apprehended immediate physical violence and D was, at the very least, reckless
Lamb- D and V thought gun wasn’t loaded. V was shot but there was no assault as V didn’t think the gun could fire
Words can negate an assault as in Turberville v Savage- act of D putting hands on sword caused V to fear violence but D said “if it were not assize-time, I would not take such language from you” words showed that no violence was going to be used.

Question 5

Immediate force

Answer 5

The force must be immediate, but this doesn’t mean instantaneous, but imminent.
Smith v Chief Constable of Woking- D entered private garden at night & looked through V’s window. V was terrified & thought D was about to enter her room & she would be subject to violence. D guilt of assault.

Question 6

Causation

Answer 6

Factual (but for test)
Legal (de minimis principle, think-skull rule, novus actus)

Question 7

Mens Rea

Answer 7

An intention to cause another to fear immediate unlawful force OR recklessness as to whether such fear is caused