Assault

Assault

Actus Reus- causing a victim to apprehend immediate unlawful force

Apprehend= To expect or to anticipate DPP v Logdon~ V went to D's home to collect unpaid taxes. D opened a draw and revealed a gun. It was fake but V thought it was real Legal principle~ A victim can still apprehend unlawful force, even if it was impossible for that force to be carried out Immediate= Straight away or in the near future Smith v Chief Constable of Woking~ D went to V's home late at night stood outside her bedroom window and stared in while she was getting ready for bed Legal principle~ 'immediate does not necessarily mean straight away it has a broader meaning of ' in the near future' Things done- Read v Coker~ D's bailiffs went to V's premise to collect a debt. They surrounded V. They rolled up their selves and made fists v assumed D's would attack himLegal Principle~ Gestures/ actions can be an assault Things said or written R v Ireland~ D was guilty of assault after making lots of unwanted telephone calls when they were answered there was silenceLegal Principle~ Even silence can be assault. Spoken words can be assault R v Constanza~ D sent over 800 letters to the victim. Some had threats within them Legal Principle~ Written words can be assault. Tuberville v Savage~ D placed hand on his sword and said "If it were not assize time I would run you through the middle". D's conduct did not amount to assault Legal Principle~ Words can negate what would otherwise have been an assault

Mens Rea- either intention or recklessness as to cause v to apprehend immediate unlawful force

Intention- R v Mohan- D accelerated towards v Legal Principle~ Intention is where a defendant decides to bring about a prohibited consequence Recklessness- R v Cunningham- D knew the risks involved in his conduct Legal Principle- Is where D realises there is a rick but carries on regardless