ASSAULT

• Actus reus: Putting another in fear of immediate and unlawful personal violence
• Mens rea: An intention to put another in fear of immediate and unlawful personal violence or subjective recklessness as to the risk of doing so
• This is part of Section 39 of the Criminal Justice Act 1988
• Punishable by up to six months imprisonment AND/OR a fine of up to £5000
• CONSTANZA (1997) - D wrote 800 letters and made phone calls. Written words can amount to assault
• SMITH (1983) - Defendant was staring at the victim from outside her house. No need for words as actions of D is sufficient to amount to assault
• IRELAND (1997) - D made several silent telephone calls to different women. Even silence can amount to common assault
• Examples: Showing a fist, swearing, pulling and angry face, cyber-bullying, holding a weapon, stalking