How is the offence of assault defined in law?

Recall questions on common assault as two offences, the actus reus of assault, including apprehension of immediate unlawful force, words, silence and conditional threats, and the intention or subjective recklessness required for its mens rea.

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Key term

What must the victim apprehend for an assault, and how immediate must it be?

Key term

How can words create or negate an assault?

Questions from this subtopic

Each one with the model answer underneath.

1
What are the two distinct offences that together comprise common assault?
Model answer
Assault and battery.
2
How is the offence of assault defined in law?
Model answer
An act which causes the victim to apprehend immediate unlawful personal violence.
3
What type of conduct by the defendant is required for the actus reus of assault?
Model answer
An act by the defendant (as opposed to a mere omission in most cases).
4
What mental state must the victim experience for the actus reus of assault to be satisfied?
Model answer
The victim must apprehend (anticipate or fear) the application of unlawful force.
5
Why is 'immediacy' an essential element of the actus reus of assault?
Model answer
The victim must apprehend that unlawful force will be applied immediately; a threat of future violence is insufficient.
6
What does 'unlawfulness' mean in the context of the actus reus of assault?
Model answer
The threatened force must not be legally justified or excused (e.g. not covered by consent or self-defence).

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Common assault and the offence of assault

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