Non Fatals- Assault

Question 1

Where is assault charged under

Answer 1

S39 of criminal justice act 1998

Question 2

What is the actus reus of assault, and what case defines this

Answer 2

Colins v wilcock- act causing v to apprehend the infliction of immediate unlawful force

Question 3

What are the 3 elements of AR for assault

Answer 3

• an act
• apprehend
• immediacy

Question 4

Describe the element of an act using cases

Answer 4

Not an omission
Words alone and silence can constitute an assault (Ireland)

Question 5

What does the case of tubervill v savage say in the criteria of an act

Answer 5

Words alone can negate actions that would otherwise amount to assault if indicated by the D

Question 6

Explain the criteria of apprehend, use case

Answer 6

V expected/anticipated force
D having no means or intention is irrelevant (logdon)

Question 7

Explain the criteria of immediacy, use case

Answer 7

Immediate not= instantaneous, enough that v feared what would happen next (smith v chief constable)

Question 8

What is the MR of assault

Answer 8

Intention to cause the v to apprehend unlawful force/ recklessness as to whether apprehension is caused

Question 9

What case was used for the MR of assault

Answer 9

Savage