Assault

• Assault is "the accused intentionally or recklessly causes the victim to apprehend immediate and unlawful violence".
• The actus reus is "causes victim to apprehend immediate and unlawful violence"
• The mens rea is "intentionally or recklessly causes the AR"
• The AR must be an act or words, it cannot be an omission.
• Constanza: Words alone can be an assault.
• Ireland: Silence can also be an assault.
• Assault comes under s39 Criminal Justice Act 1988.
• Tuberville and Savage: Words can negate an assault
• Apprehend is to anticipate the violence and comes from the case Lamb.
• The V does not need to fear the violence, just believe it is about to happen.
• Smith v Chief Superintendent of Woking Police Station: The "immediate" element
• Mens Rea: Intentional or Subjective recklessness to cause the victim to apprehend immediate and unlawful violence.