Assault

• What is the actus reus of assault?

  Causing a person to apprehend immediate force
• The elements to the actus reus

  1. D made a threat
  2. V apprehended force
  3. V believes that force will be applied immediately
• Ways a threat can be made

  1. Actions
  2. In writing
  3. Silence (in certain contexts)
• What is the exception to the rule of threats made?

  If D says something that indicates there will be no violence. D's words negate the assault.
• What does it mean for V to "apprehend" force?

  V believes force will be used against them
• Where in law is assault defined?

  Common law
• Read v Coker [1853]


  A gang surrounded V and rolled up their sleeves: threat through action
• R v Ireland [1998]


  Unwanted telephone calls to 3 women: threat through silence
• R v Constanza [1997]


  800 threatening letters to ex-colleague: threat through words
• Tuberville v Savage [1669] 


  If D indicates there will be no violence, it can negate an assault.
• DPP v Logdon [1976]


  D pointed a fake gun at V. Apprehension is subjective to the victim.
• Smith v Chief Constable of Woking [1983]


  D stared at woman through her window. Immediate defined as "in the near future"
• What is the mens rea for assault?

  Causing a person to apprehend immediate force intentionally or recklessly
• There are 3 elements to the actus reus of assault.

  1. The V must apprehend force.
  2. The V believes the force will be applied immediately.
  3. As a result of D's threat.
• R v Mohan [1975]


  Direct intent is where D aims to bring about the consequence.
• R v Cunningham [1957]


  Recklessness is where D realises a risk but continues regardless.