Assault A01 Flashcards
(7 cards)
Definition of Assault
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
What is an Act?
A physical action must be taken which can be verbal or non verbal
What is apprehension of immediate unlawful force
It must be proven that the victim apprehend force as a consequence of the act - this means they anticipated force from D
Define immediate unlawful force
V must also apprehend the force from the act immediately
What does immediate mean?
Immediate meant imminent not instant
What are negating words
There is no assault where the defendant declares to the victom they are not going to carry out the threat against them
What is the means rea of assault?
The defendant may have the intention to cause V to apprehend immediate unlawful force.
The defendant may also be reckless as to causing V to apprehend immediate unlawful force
