Assault

• Define Assault


  An act that causes another person to apprehend the infliction of immediate unlawful force.

  
  

  s39 Criminal Justice Act 1988 - 6 months prison/£5000 fine.
• 1. Act

  Cannot be an omission.

  Constanza - letters/words are sufficient for an Assault.

  Ireland - silent phone calls constituted an assault.
• 2. Causes another person to apprehend the infliction of immediate unlawful force.

  V must apprehend.

  Words can negate an offence (Turberville) but not ALWAYS (R v Light).

  Fear of unwanted touching isn't assault - not necessary to fear serious force (Collins v Wilcock)

  Immediate does mean instantaneous, but imminent (Smith v Chief Superintendent of Woking Police)

  Pointing unloaded gun at someone who knows its unloaded isn't assault (R v Lamb).
• 3. Assault MR

  D must intent or be subjectively reckless as to whether V is put in fear of immediate unlawful personal violence.

  Recklessness - D must have realised the risk of putting V in fear and went on to take the risk.

  Subjective - D must realise risk that his act could cause unlawful force to be applied.

  Assautl/Battery are crimes of basic intent (DPP v Majewski)