Assault

• Introduction:

  Assault is a common law offence but is charged under s.39 Criminal Justice Act 1988

  Assault is defined as: ' intentionally or recklessly committing an act which causes the victim to apprehend immediate unlawful violence '
• Actus Reus:

  Committing an act: D must committ an act

  • It cannot be omission
  • It can be words,actions or both ( Constanza;Ireland)

  Apprehend: means belief

  • Does not have to be rational belief as long as it is honestly held

  Immediate: means in the near future

  • Imminent ( Smith V Woking )

  Unlawful: the force must be unlawful but can be seen as lawful if it is due to self-defence/crime prevention or consent has happened
• Additional to actus reus:

  • Conditional threat: where there is a condition attached and D won't commit the act if the condition met ( If you don't do ... I'll do X 0
  • Words negate assault: if there are words indicating there will be no violence it may prevent it being assault ( If it wasn't for ... ) (Tuberville V Savage)
• Mens Rea for assault:

  Mens rea for assualt is 'intention or recklessness as to committing an act which causes the V to apprehend immediate unlawful violence.'

  Intention: D's aim or purpose( Mohan )

  Recklessness: D recognised the risk and took it anyway( Cunningham )