12 Questions
What is required for an assault to take place according to the text?
The victim must believe there is a threat of force and that the defendant will carry it out.
In a situation where the defendant shows a gun to the victim, but only the defendant knows it's unloaded, what is relevant for determining assault?
Whether the defendant makes the victim believe there is a threat of force.
Can words alone constitute an assault?
Yes, depending on the circumstances.
Why was the defendant found to have committed an assault in Logdon v DPP case?
Because the victim believed there was a threat of force from the defendant.
What did Lord Goddard state in R v Wilson regarding words constituting an assault?
'Get out the knives' could constitute an assault depending on the circumstances.
Why is necessary mens rea important in determining if an assault has taken place?
To confirm that the defendant had criminal intent to cause apprehension of force.
What is the actus reus for assault according to the provided text?
Causing the victim to apprehend immediate and unlawful personal violence
In assault cases, what is the significance of 'apprehension'?
The victim must believe they will suffer immediate and unlawful personal violence
Which case law highlighted that there is no need for the defendant to physically make contact with the victim for assault?
R v Lamb 2 QB 981 (CA)
What is the mens rea required for assault as per the text?
Intentionally or recklessly causing the victim to apprehend personal violence
In assault cases, what does 'absence of a valid defense' refer to?
The lack of self-defense, intoxication, or consent as justifications for the act
What does 'actus reus' entail in assault cases, based on the text?
Causing the victim to fear personal violence through words or actions
Explore the legal definition of assault according to case law, focusing on the elements of actus reus and mens rea. Learn about the criteria for proving assault and the absence of valid defenses like self-defense and consent.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
