Assault

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    Created by
    Rozanna Omran

    Cards (4)

    • WHAT IS AN ASSAULT?
      To be guilty of an assault, D must intentionally or recklessly cause V to apprehend immediate and unlawful force: IRELAND
    • Actus Reus of Assault:
      • There must be an act or words for an assault; an omission is not enough. In IRELAND
    • Actus Reus of Assault:
      • There must be an act or words for an assault; an omission is not enough. In IRELAND
      • D must by his act or words cause V to apprehend unlawful force. To ‘apprehend’ something means to be aware of it. There must be an apprehension of ‘immediate’ (i.e. there and then) force. However, it is sufficient if D does something that makes V aware that there would be unlawful force at some unpredictable moment in the near future: SMITH
      • Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault: TUBERVILLE.
    • Mens rea of Assault:
      The mens rea of an assault requires that D either intends or is reckless as to causing V to apprehend immediate and unlawful force: VENNA