AR - Assault

• What is the actus reus of assault?

  D. does an act that causes the V. to apprehend immediate unlawful personal violence
• What are the four elements of the actus reus of assault?

  Apprehend

  Immediate

  Unlawful

  Personal violence
• According to Smith, how is 'immediate' satisfied?

  If the V. did not know what the D. was going to do next but fears violence will happen in very near future
• D. cannot commit an assault by omission
• According to Lamb, what is 'apprehend'?

  V. need not be put in fear but must be aware that they're about to be subjected to violence - no anticipation = no assault
• Which case tells us what an apprehension is?

  Lamb
• Which case tells us when 'immediate' is satisfied?

  Smith
• Which case tells us for an apprehension there need to be an actual threat?

  Logdon
• What does Logdon tell us about an apprehension?

  There need not to be an actual threat
• What does Constanza tell us about an apprehension?

  Conduct that causes V. to apprehend can be written
• What does Ireland tell us about an apprehension?

  Conduct that causes V. to apprehend can be silence
• Which case tells us that the conduct that causes V. to apprehend can be silence?

  Ireland
• Which case tells us that the conduct that causes V. apprehend can be written?

  Constanza
• What does unlawful mean?

  No defence
• Which case tells us that words CAN negate an assault?

  Tuberville
• What does Tuberville tell us about an assault?

  Words CAN negate an assault
• What does personal violence mean?

  V. apprehends even slightest force
• What are examples of assault?

  Verbal threat

  Non-verbal gesture

  Chasing another

  Intimidating glare

  Threat of force (letter, email, text)

  Threatening social media post

  Prank phone calls (+ silent calls)

  Throwing an item but missing

  Spitting but missing