Criminal Law - Assault

Question 1

What act and section covers Assault?

Answer 1

Criminal Justice Act (1988) s.39

Question 2

What is the Actus Reus of Assault?

Answer 2

“to cause the victim to apprehend the immediate application of unlawful force”

Question 3

What legal principle comes from R v Lamb (1967)?

Answer 3

The victim must apprehend (for it to count as an assault)

Question 4

What legal principle comes from R v Logdon (1976)?

Answer 4

Even if there is no real threat causing the victim to apprehend is Assault

Question 5

What legal principle comes from Turberville v Savage (1669) ?

Answer 5

The threat must be immediate

Question 6

What legal principle comes from Smith v Chief Superintendent of Wokingham Police (1983) ?

Answer 6

No words are needed to constitute as an Assault as long as the victim apprehends

Question 7

What legal principle comes from R v Ireland (1997) ?

Answer 7

Even a silent, invisible act can constitute assault providing it makes the victim apprehend

Question 8

What is the Mens Rea of Assault ?

Answer 8

“the intent to cause the victim to apprehend the immediate application of unlawful force or recklessness as to whether the victim apprehends such violence