What is an Assault?

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  1. What is an assault + case?
    D must intentionally or recklessly cause V to apprehend immediate and unlawful force: IRELAND (1996).
  2. What is the actus reus of an assault?
    Where by an act or words D causes V to apprehend immediate and unlawful force.
  3. What must there be for an assault?
    There must be an act or words for an assault.
  4. In what form can the words be for an assault and what case is this from?
    Words can be verbal or written: CONSTANZA (1997).
  5. What could be an assault from the case of IRELAND (1996) and why was this?
    Silent phone calls because there is no need for any physical contact for an assault.
  6. It is necessary that V 'apprehends' unlawful force. What does this mean?
    It means to be aware of it. V does not have to be scared nor does V have to be in danger : LOGDON v DPP (1976).
  7. There must be an apprehension of 'immediate' force. What does this mean?
    It must happen there and then. A threat by D to inflict harm in the future cannot be an assault : SMITH v SUPERINTENDENT OF WOKING POLICE STATION.
  8. What happened in LOGDON v DPP (1976)?
    D showed V a fake gun a a draw and said that it was loaded. V thought it was real and apprehended immediate and unlawful force.

    D was convicted for an assault as V did not have to be in any danger.
  9. What can prevent an act from being an assault?
    Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault: TUBERVILLE v SAVAGE (1669)
    The court decided that D had committed an assault by standing in V's garden in the evening, looking at her in her nightclothes through her closed bedroom window.

    V was terrified and didn't know what D might do next. Unlawful force could well have been imminent.
  11. What happened in TUBERVILLE v SAVAGE (1669)?
    D was annoyed at the comments made by V and put his hand on his sword and said 'if it were not assize-time I would not take such language' - meaning that since judges were in town hearing cases at the time, he had no intention of actually using force.

    His words ruled out the threat implied by putting his hand on the sword, so there was no assault.
  12. What is the 'mens rea' of an assault and what case does it come from?
    The mens rea of an assault must either be intention or subjective recklessness as to casing V to apprehend immediate and unlawful force: VENNA (1976)
Card Set:
What is an Assault?
2016-03-16 18:41:56
Law,Unit2,Introduction to criminal liability
aqa law flashcards
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