assault

• What is the definition of assault and where is it defined?

  "Any act by which another person intentionally or recklessly causes another to apprehend immediate unlawful violence" (Ireland).
• Explain "act" in the definition of assault

  An assault requires some acts or words; an omission isn't sufficient to constitute an assault. However, words are sufficient: in R v Constanza (1997) the Court of Appeal held that letters could be an assault and in R v Ireland it was held that silence can be an assault.
• Explain "apprehend" in the definition of assault

  The act/words must cause the victim to apprehend immediate force is going to be used against them, there is no assault if it's obvious that the defendant can't use force. It was decided in R v Lamb (1967) that pointing an unloaded gun at someone who knows that it's unloaded can't be assault as the victim doesn't fear immediate force.
• Explain "immediate" in the definition of assault

  Fear of immediate force is necessary; "immediate" doesn't mean instantaneous but imminent, so assault can be through a closed window in Smith V CSW (1983).
• How can words affect whether an act is assault or not?

  Words indicating that there will be no evidence may prevent an act from being an assault: a principle which comes from Tuberville V Savage (1669) where the defendant placed a hand on his sword and said, "if it were not assize time, I would not take such language from you,". The words negated the assault.
• Explain "intentionally or recklessly" in the definition of assault.

  The mens rea is either an intention (Mohan (1975)) to cause another to fear unlawful violence, or recklessness (Cunningham (1957)) as to whether unlawful force is applied.
• What does it mean that assault is classed as an offence of basic intent?

  If the defendant is intoxicated when they do the relevant actus reus, they are considered to be doing it recklessly.
• What are some examples of assault?

  • Raising a fist as though to hit the victim.
  • Throwing a stone at a victim which just misses.
  • Pointing a loaded gun at someone within range.
  • Making a threat by saying "I'm going to hit you".
• What point of law is R v Constanza (1997) relevant to?

  Words/letters can be an assault.
• What point of law is Smith v CCW relevant to?

  "Immediate" doesn't mean instantly.
• What point of law is Logdon relevant to?

  It can be assault, even if there is no real danger.
• What point of law is Lamb relevant to?

  If there is no apprehension, there is no assault.
• What point of law is R v Savage relevant to?

  The mens rea of assault is intention or recklessness to cause the victim to apprehend immediate unlawful violence.
• What point of law is Tuberville v Savage relevant to?

  Words can negate an assault.
• What point of law is Ireland & Burstow relevant to?

  Silence can be an assault and psychological harm can be bodily harm.