Assault Flashcards
(10 cards)
How is assault defined?
Assault is defined as ‘an act which causes V to apprehend immediate unlawful force’ (Lord Goff in Collins v Wilcock).
What constitutes the actus reus of assault?
D must do an act, which can include words, gestures, or even silence (Ireland).
What is a side rule regarding written communication?
Written letters, emails, or texts can constitute an act (Constanza).
What is a side rule about words negating assault?
Words may negate the assault if they clarify that there is no actual reason to be afraid (Tuberville v Savage).
What must the victim (V) do regarding apprehension?
The V must apprehend force (Lamb); if there is no apprehension, there is no assault. This is subjective to the V
What does apprehension mean?
Apprehension means that the V must be aware of a real threat.
Can a joke be considered an assault?
Yes, even a joke can be an assault if it makes the V apprehend force (Logden).
What must the threat of force be?
The threat of force must be immediate (subjective to V) (Smith v Chief of Woking Police).
What is the mens rea of assault?
The mens rea of an assault is the intention or recklessness to do an act which causes the V to apprehend immediate unlawful force (Venna).
What must be established regarding D’s intention?
Does the D have the intention or the recklessness to do the assault?
