Assault

Question 1

what is the definition of assault what where is it contained

Answer 1

assault is the act of causing the v to apprehend immediate and unlawful force (AR) with the intention to cause the v to apprehend immediate unlawful force or being reckless in doing so (MR)

Question 2

what is an ‘act’ and what case is this defined in?

Answer 2

a physical action must be taken which can be verbal or non verbal
‘a thing said is a thing done’ - lord steyn

R v Constanza

Question 3

what is to causing v to apprehend and what case is this defined in?

Answer 3

-it must be proven that the victim apprehended (believed) force as a consequence of the of the act
-this means they expected or anticipated force from D
-it is the belief of the v that is important

r v lamb

Question 4

‘immediate’ unlawful force and what case is this defined in?

Answer 4

Aspect is not clearly defined but a future threat will not be assault
v must also apprehend the force from the act immediately
this means within a short time frame

smith v chief superintendent of woking police station

Question 5

words can negate an assault and what case is this defined in?

Answer 5

there is no assault where the d declares the victim . they are not going to carry out the threat against them

through a conditional threat will not negate condition does not guaranteed d will apply unlawful force

tuberville v savage

Question 6

AO1 - an act

Answer 6

-act is broad a sit covers both things said and done (positive)
-‘act’ goes against public perception at most would assume some type of physical harm (negative)

Question 7

AO1- immediate

Answer 7

-really clear that the actus reus and men’s rea need to align (positive)
-lack of a clear destination, what is immediate (negative)

Question 8

AO1 - words can negate an assault

Answer 8

-focuses on the actual belief Tuberville + really clear that a threat will not be carried (positive)
-they may still have some fear lack of certainty but when it is negated lead to a lack of justice (negative)