Assault

Question 1

Definition of assault

Answer 1

intentionally or recklessly causing another to apprehend imminent unlawful force
R v Ireland: words can constitute assault- what matters is V’s apprehension of imminent harm caused by D

Question 2

Apprehension of force

Answer 2

R v Ireland: silent phone calls
R v Constanza: threatening letters
Logdon v DPP: the fact that D did not intend to carry out the threat/was incapable of doing so provided no defence

Question 3

Immediate

Answer 3

R v Constanza: fear that D would harm her “at some point not excluding the immediate future” was sufficient
R (Kracher) v Leicester’s Magistrates’ Court: “Fuck off. If you come round the back I will beat you up” still assault, even though arguably only threatens D if he come “round the back”
Tuberville v Savage: “If it were not assize time, I would not take such language” while holding sword NOT assault because D’s words negated the threat
Horder: argues in some cases there’s assault even if D’s words negate the threat, e.g. “If we were alone I would attack you”

Question 4

Unlawful

Answer 4

Not lawful- e.g. not for self-defence

Question 5

Intention of recklessness as to whether V would apprehend immediate harm

Answer 5

R v Venna: D must have foreseen the result
Logdon v DPP: D does not need to intend to carry out the threat, even with a replica gun assault can still be made out