SB: NFO: Assault

Question 1

Define Assault

Answer 1

Assault is an act causing v to apprehend immediate unlawful force with the intention to cause violence to apprehend immediate unlawful force or being reckless in doing so

Question 2

Explain An act + case example

Answer 2

A physical act must be taken which can be verbal or non verbal.
R v Constanza
R v Ireland

Question 3

Explain Causing v to apprehend + case example

Answer 3

It must be proven that the v apprehended force as a consequence of the act. This means they expected or anticipated force from D.
R v Lamb

Question 4

Explain immediate unlawful force + case example

Answer 4

V must apprehend the force from the act immediately
In Smith v Chief the courts held that immediate meant imminent not instant

Question 5

Explain words can negate an assault + case example

Answer 5

There is no assault where the D declares to the V they are not going to carry out the threat against them through a conditional threat
Tuberville v Savage
R v Light

Question 6

Explain direct intention

Answer 6

The D may have the main aim desire and purpose to cause v to apprehend immediate unlawful force

Question 7

Explain recklessness

Answer 7

The D may also be reckless by taking an unjustified risk causing v to apprehend immediate unlawful force