assault

• What is assault charged under?

  S.39 Criminal Justice Act 1988
• What is the Actus reus of assault?

  An act which causes another to apprehend immediate, unlawful violence, or force.
• What does the word 'act' mean in AR? + case

  Can include words or even silence as seen in the case of Ireland and Constanza.
• What does 'apprehend' mean in the AR of assault? + case

  the V must show genuine fear as seen in the case of Logdon
• What does 'immediate' mean in the AR of assault?

  This is where it is subjective to the Victim, as seen in the case of Smith v Woking police where V does not know what D will do next but believes it to be of violent nature.
• What is the Mens rea of assault? + what case is it taken from?

  R v Savage, where there is either intention or subjective recklessness.

  • Intention - to intend to cause V to apprehend unlawful & immediate violence
  • Sub Recklessness - where D foresees the risk of V apprehending unlawful, immediate violence
• What should I look out for?

  Shout, Whisper, Fright, Gesture, Reaction