Assault

Question 1

Assault introduction/ definition

Answer 1

• D may be liable for assault
• Lord Goff in Collins vs Wilcock defined Assault as, “An act which causes the victim to apprehend immediate unlawful force”

Question 2

Part one of the actus reus of assault

Answer 2

D must do an act:
-Can be words, gestures, even silence (Ireland)
-Side Rule- Letters/emails/texts(Constanza)

Question 3

Part 2 of actus reus of assault

Answer 3

The victim must apprehend force (Lamb) if there is no apprehension, there is no assault
- Side Rule- Jokes- even a joke can be assault if it makes the victim apprehend force (Logden)

Question 4

Part 3 of actus reus of assault

Answer 4

The threat of force must be immediate - (Smith v Chief of Woking police).
- side Rule- Words may negate an assault (Tuberville v Savage)
- If there is a causation issue, it goes in here

Question 5

Mens rea of assault

Answer 5

The intention (Mohan) or recklessness (Cunningham) to commit an act which causes the victim to apprehend immediate unlawful force (Venna)
- Issues of transferred malice or coincidence rule go here