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A-Level Law — Criminal, Tort & Contract

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Criminal Law·Notes·10 min read

Assault

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Exam Technique: How to Answer an Assault Question

  • Identify the incident you are about to explain: 'The incident involving... could be the crime of Assault.'

  • Define it: 'D must intentionally or recklessly cause V to apprehend immediate and unlawful force: IRELAND.

  • 1st Actus reus element: briefly define and apply e.g. 'There must be an act or words for an assault; an omission is not enough: FAGAN v MPC. Here, Jack has done an act by raising his fist at Beth. '

  • 2nd Actus reus element: Apprehend: briefly explain and apply: 'To 'apprehend' something means to be aware of it. V does not have to be scared, nor does V have to be in danger: LOGDON v DPP. Here, Alice does apprehend immediate unlawful force as evidenced by her flinching.' Immediate: briefly explain and apply: there must be an apprehension of immediate force. It can include V being aware of unlawful force at some unpredictable moment in the near future: SMITH

  • Mens rea element: Define and apply: 'The mens rea of an assault must be either intention or recklessness as to causing V to apprehend immediate and unlawful force: VENNA. Here, Jack probably directly intends Beth to apprehend unlawful force knowing that it will cause her to fear violence.'

Diagram

Legal problem question flow
Identify offence/issue
Define rule
Actus reus/element 1
Mens rea/element 2
Apply cases
Conclude liability
Facts
Authority
Application
Mini-conclusion