Assault

• What is the actus reus for assault?


  An act which causes a person to apprehend or fear immediate unlawful violence
• What does 'an act' mean for assault?

  A positive act (not an omission) and this can included speaking words, writing letters or leaving silent phone calls
• What cases can be used to define 'an act' for assault?

  R v Constanza: D wrote over 800 letters to the V and some of them were threatening. There was a clear fear of violence for the future

  R v Ireland:  It was held that silent phone calls could amount to an assault 
• What does 'apprehending' mean for assault?

  The Defendant has to understand that there is a threat of violence towards them
• What case can be used to define 'apprehending' for assault?

  R v Lamb: D pointed a loaded gun at V but both didn’t know it was loaded so D fired it and killed V but the victim didn’t apprehend this violence
• What does 'immediate' mean for assault?

   It doesn’t actually mean the violence has to be instantaneous just imminent.
• What cases can be used to define 'immediate' for assault?

  Smith v Chief Superintendent of working police station: Defined immediate as the D was outside of the V’s window and thought he was coming in. Although, no attack could be immediately, V feared what he might do next

  Tuberville V Savage: Words indicting there will be no violence stops it being an assault. (“ were it not for assize time, I would not take such language from you
• What is the mens rea for assault?

  • having the intention to cause another to apprehend immediate unlawful violence.
  • Subjectively reckless as to whether such fear is caused.