Assault

Question 1

definition

Answer 1

assault is an act causing V to apprehend immediate unlawful force with the intention to cause V to apprehend immediate unlawful force or being reckless in doing so

Question 2

what is an act

Answer 2

a physical action must be taken which can be verbal or non-verbal, eg. swearing, threats, brandishing weapons (R v Constanza, R v Ireland)

Question 3

causing v to ‘apprehend’

Answer 3

it must be proven that the victim apprehended force as a consequence of the act. This means they expected force from D (R v Lamb)

Question 4

immediate unlawful force

Answer 4

This means within any short time frame, any moment from the act
The courts decided immediate meant ‘imminent’ not ‘instant’ (Smith v CSWPS)

Question 5

words can negate an assault

Answer 5

there is no assault where the defendant declares to the victim they are not going to carry out the threat against them (R v Light)