Assault

• Common Law offence - S39 Criminal justice Act
• Maximum punishment for Assault is 6 months in prison/ Fine of £5000
• Defenition = There must be an act which causes the Victim to apprehend the infliction of immediate, unlawful force ( R v Venna ) (1)
• Must be a positive act ( something of a physical kind which causes someone to believe they are about to be struck) = R v Nelson (2)
• Apprehend does not mean fear - just that they are aware they will be subject to violence = R v Lamb (3)
• The conduct can be words, actions or even silence = R v Ireland (4)
• There cn be words indication there will be no violence, might prevent an act from being an assault = Turberville v Savage (5)
• The assault can be cause indirectly = R v Dume (6)
• MR - Intention or subjective recklessness of causing the victim to apprehend immediate unlawful personal force = R V Parmenter (7)