Assault

• Assault - actus reus

  An act which causes the victim to fear the application of immediate unlawful force
• Assault actus reus - Ireland

  the defendant made silent phone calls to the victim. this was assault as she feared he may inflict violence on her next.
• Assault actus reus - Constanza


  the defendant sent over 800 threatening letters. this was assault as she feared he would carry out the threats of violence in the letters.
• Caused victim to apprehend immediate unlawful force

  Lamb (1967)

  Def. and victim did not realise the gun they were playing with would load a bullet when the trigger was pulled.  Gun was pointed at the victim.
• Immediate – given a broad definition to include fear of what might happen next.
• Caused victim to apprehend immediate unlawful force

  Smith (1983)

  the defendant was standing outside the victim’s flat at night looking through the window.  this was assault as the victim feared he may try and get in and apply force.
• Implied or conditional threats

  For example, words can negative what would otherwise be an assault
• Implied or conditional threats

  Tuberville v Savage (1669)

  The defendant put his hand on his sword and said

  ‘ if it were not assize time, I would not take such language from you’. this was not assault as the words showed he was not going to do anything at this time
• Assault – mens rea


  •Intention or subjective recklessness to cause the victim to apprehend immediate unlawful force.

  Where there is intention or recklessness then the intention will be direct.
• what is the definition of direct intent?


  Decision to bring about the prohibited consequence (Mohan).
• Mens rea

  Savage

  threw a pint of beer over a love rival. this was assault as she was at least reckless that the victim feared immediate force. 

  The lifting of the glass to throw the beer amounted to assault.