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 nearfuture
Imminent ( Smith V Woking )
Unlawful: the force must be unlawful but can be seen as lawful if it is due to self-defence/crimeprevention 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 )