Non Fatal offences- Assault

Question 1

Definition of assault

Answer 1

An act that cause the D to apprehend immediate unlawful force
Lord Goff- COLINS V WILCOCK

Question 2

Actus Rea of Assault
Part 1

Answer 2

The D must do an act, which can be words, gestures,
Silence- IRELAND

Question 3

Assault Side Rule
Part 1

Answer 3

Sending letters, emails or text messages can be an act
CONSTANZA

Question 4

Actus Rea of Assault
Part 2

Answer 4

The act must cause the V to apprehend force
Subjective
LAMB- the v must believe the the threat was re or genuine

Question 5

Assault Side Rule
Part 2

Answer 5

Even if the D meant the threat as a joke it is still assault if the v was sufficiently frightened
LODGEN

Question 6

Actus Rea of Assault
Part 3

Answer 6

The threat of force must be immediate
Subjective
The v must have Believed the threat was immediate
SMITH V CHIEF SUPERINTENDENT OF WORKING POLICE

Question 7

Assault Side Rule
Part 3

Answer 7

Words my cancel out an assault
The D make it clear, by their choice of words that there is no real threat
TUBERVILLE V SAVAGE

Question 8

Mens Rea of assault

Answer 8

Intention (MOHAN)
Recklessness (CUNNINGHAM)
Causes the V to apprehend immediate unlawful force
VENNA