Assault

• No definition


  The Criminal justice, 1988, s.39 does not provide a definition for the crime
• However

  Lots of case law which defines the law, R v Lamb, Turberville v Savage, R v Ireland
• Must be Immediate 


  The assault must be immediate, therefore a future threat will not be assault
• However


  Future threats can be other crimes- threat to kill, threats to rape
• The difference in max sentencing 


  Assault- max 6 months or 5,000 pound fine

  ABH- Max 5 years

  There may not be much difference in the actus reus
• However

  It is judges discretion on the sentence, it is only a maximum and there is always the possibility to repeal