assault

• R v Nelson


  An assault is an act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intent to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
• Actus reus of assault

  An act which causes the victim to apprehend the infliction of immediate unlawful force against themself.
• Mens Rea of assault


  Intention or recklessness as to causing the victim to apprehend the infliction of immediate unlawful force
• R v Pagett


  Factual causation: 'but for' test
• R v Hughes


  Legal causation: more than minimal
• R v Kimsey


  Legal causation: More than a slight or trifling link
• R v Constanza


  Physical contact is not needed
• R v Lamb


  Pointing an unloaded gun at someone who knows it is unloaded is not an assault
• Smith v Chief Superintendent of Woking Police Station


  Immediate means imminent not instantaneous
• Tuberville v Savage


  Words can negate an assault
• R v Mohan


  Direct intent
• R v Woolin


  Oblique intent
• R v Cunningham


  Recklessness