Assault ( Common Assault) Flashcards
What is meant by “common assault”
Common assault refers to an offence where a person causes another to apprehend immediate and unlawful personal force. It is a low-level offence and includes both threats and gestures that create fear of imminent harm.
What is the actus reus of common assault?
The actus reus is any act—including words—that causes the victim to believe they are about to experience immediate unlawful force. The act must cause apprehension of force, not necessarily actual physical contact.
Can words alone constitute common assault?
Yes. Words alone can be sufficient to constitute assault if they cause the victim to apprehend immediate personal violence.
What is the mens rea for common assault?
The mens rea is either the intention to cause another to apprehend immediate unlawful force or recklessness as to whether such apprehension would be caused.
When is there no liability for assault even if threatening words are used?
If the recipient of the threat does not perceive it as serious or does not apprehend any real danger, then no assault has occurred.
Can assault be committed if the threat refers to future harm?
No. For assault to occur, the threatened violence must be imminent. Threats to act at a later time do not constitute assault under the law.
What distinguishes assault from battery in criminal law?
Assault involves causing someone to fear immediate unlawful force, while battery involves the actual application of unlawful force.
In assessing recklessness for assault, what must be shown?
It must be shown that the defendant recognised the risk of causing apprehension of immediate force and chose to take that risk regardless.
