Non Fatal Offences

Question 1

Assault

Answer 1

An act which causes the victim to apprehend the infliction of immediate unlawful force

Question 2

AR - Assault

Answer 2

• an act
• apprehension
  -immediate

Question 3

Assault- An act + cases

Answer 3

An assault requires a positive act not an omission and that includes words which can be verbal or written
R v Constanza: writing being assault
Sent 800 threatening letters, silent phone calls and v feared and has psychological assault. Therefore assault can be written, silent phone calls as long as they cause the v to apprehend unlawful immediate force.
R v Misalati: spitting being assault
D verbally and racially abused staff and spat at them. Convicted
R v Ireland- silent phone calls can be assault

Question 4

Apprehend immediate unlawful force

Answer 4

The act must cause the victim to fear that immediate unlawful force will be used on them and there is no assault when it is clear that no possible act can be done upon the victim.

Question 5

R v Lamb

Answer 5

2 friends playing with revolver believing its empty and not intending to shoot. One pulled trigger and discharged bullet killing the other.
As a v must apprehend immediate unlawful force in order for it to be assault in this case v didn’t so no assault.

Question 6

Smith v chief

Answer 6

D stood outsides woman’s window staring at her. Despite physical barrier the v feared force.
Principle- victims fear of an imminent attack was enough for assault

Question 7

Tuberville v savage

Answer 7

Words can negate an assault

“If it were not assize time, i would have not taken such language from you”
The words he used showed that he wasn’t going to do anything

Question 8

MR- Assault

Answer 8

Intention to cause another to apprehend immediate unlawful force - mohan
Or
Subjective recklessness in causing someone to apprehend immediate unlawful force - Cunningham

Question 9

MR- logdon v dpp

Answer 9

D showed v a replica of a gun pointing it at her but she still apprehended unlawful immediate force
Assault whether the d is capable of it or not

Question 10

R v dume

Answer 10

D threatened police officer by saying his dog would attack him. Later the dog did
Assault can be caused indirectly e.g. through an animal since d meant for v ton apprehend unlawful force.