Assault (Paper 1)

Question 1

What does an assault cause the victim to feel

Answer 1

Fear

Question 2

Who defined assault in Collins v Wilcock

Answer 2

Lord Goff

Question 3

What is the definition of assault

Answer 3

An act which causes the victim to apprehend immediate unlawful force

Question 4

Give examples of acts

Answer 4

Words, gestures, silence (Ireland), letters (Constanza)

Question 5

SIDE RULE: written letters/ emails/ texts

Answer 5

(Constanza)

Question 6

what is the SIDE RULE of (Tuberville v Savage)

Answer 6

words may negate the assault (clear through the D’s choice of words)

Question 7

Stage 2 of assault

Answer 7

Victim must apprehend force

Question 8

What is the ruling from Lamb

Answer 8

No apprehension, no assault. Apprehend means the victim must believe the threat was real

Question 9

Name of the case that held a joke can still be an assault

Answer 9

Logden

Question 10

Stage 3 of assault

Answer 10

Threat of force must be immediate

Question 11

What was the decision in Smith v Chief of Woking Police

Answer 11

Subjective test, as long as the victim believed the threat of force was immediate, this part of the actus reus is complete

Question 12

What is the mens rea of an assault

Answer 12

Intention or recklessness to cause the victim to apprehend immediate unlawful force

Question 13

Case which confirmed the mens rea of assault

Answer 13

Venna