Assault

Cards (4)

  • 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 )