AR - Assault

Cards (20)

  • What are the four elements of the actus reus of assault?
    Apprehend, Immediate, Unlawful, Personal violence
  • What are examples of assault?
    A verbal threat, a non-verbal gesture, chasing another, an intimidating glare at another, a threat of force via letter or e-mail or text, a threatening social media post, prank phone calls (silent calls), throwing an item at another but missing and spitting at another but missing
  • What case defines what 'Apprehend' means?
    Lamb
  • What is 'Apprehend' defined as in Lamb?
    The victim must be aware that they are about to subjected to violence
  • Does there need to be an actual threat to 'apprehend' violence?
    No
  • What case states that there doesn't need to be an actual threat to 'apprehend' violence?
    Lodgon
  • What can the conduct that causes the victim to 'apprehend' be?
    Actions, words (written or spoken) or silence
  • What case states that the conduct that causes the victim to 'apprehend' can be silence?
    Ireland
  • What case states that the conduct that causes the victim to 'apprehend' can be written?
    Constanza
  • What case states that words can negate an assault?
    Tuberville
  • What does Tuberville say about assault?
    Words can negate an assault
  • How is 'immediate' satisfied?
    If the victim did not know what the defendant was going to do next but believes they'd be subject to violence in the very near future
  • What is a case for 'immediate'?
    Smith
  • What is the 'personal violence' element of the actus reus of assault?
    The victim needs to apprehend even the slightest touch
  • What is the 'unlawful' element of the actus reus of assault?
    Where there's no defence
  • What does the case of Logdon tell us about an apprehension?
    There does not need to be an actual threat
  • What do the cases of Constanza and Ireland tell us about an apprehension?
    The conduct that causes the victim to apprehend can be written (Constanza) words or silence (Ireland)
  • What does the case of "Tuberville v Savage" tell us about an apprehension?
    Words can also negate an assault
  • What does the case of Smith tell us about 'immediate'?
    'Immediate' is satisfied if the victim did not know what the defendant was going to do next
  • What does Logdon state about an apprehension?
    Doesn't need to be an actual threat