Assault

Cards (7)

  • What type of offence is assault?
    A common law offence
  • What is the actus reus of assault?
    The D. does an act that causes the V. to apprehend immediate unlawful personal violence
  • What is the mens rea of assault?
    The intention to cause the V. to apprehend immediate unlawful personal violence or being reckless as to whether such apprehension is caused
  • What is the definition of assault?
    The defendant does an act that causes the victim to apprehend immediate unlawful personal violence with the intention to cause the victim to apprehend immediate unlawful personal violence or being reckless as to whether such apprehension is caused
  • What are some examples of actions that satisfy the actus reus of assault?
    Verbal threat, non-verbal gesture, threatening glare, chasing another, an intimidating glare, a threat of force (via letter e-mail or text), a threatening social media post, prank phone calls (including silent calls), throwing an item but missing, spitting but missing
  • What are the four elements of the actus reus of assault?
    Apprehend, Immediate, Unlawful, Personal violence
  • What is the "Apprehend" element of the actus reus of assault?
    V. need not be put in fear but must be aware they are about to be subjected to violence