Assult

• Assult - Criminal Justice Act 1988 s.39


  Occurs when a person intentionally or recklessly causes another to apprehend immediate unlawful personal violence. - R v Nelson
• R v Nelson


  Court of Appeal stated that “What is required for common assault is for the defendant to have done something of a physical kind which causes someone else to apprehend that they are about to be struck”.
• The actus reus of assault may be an act or an omission. - R v Santa Bermudez

  They can include words, actions, or even silence! - R v Constanza, R v Ireland
• R v Constanza


  The defendant wrote the victim letters which caused the victim to feel threatened, either now or in the future.
• R v Ireland 


  It was silent phone calls which the court determined as the actus reus of an assault.
• In addition, the defendant need not be in fear, they just have to believe that violence will occur.
• There is no offence if the victim perceives that there is no threat. - R v Lamb
• R v Lamb

  • The victim believed that a revolver being pointed at him would not fire a bullet (as he believed that the firing chamber was unloaded).
• An assault can be negated if...

  • It is impossible for the treat to be carried out.
  • Words negate the threat - Tuberville v Savage
• Tuberville v Savage


  The defendant threatened the victim, but then qualified the threat by stating that the threat wouldn’t be carried out at that time, showing that he wasn’t going to do anything.
• Finally, the force which is threatened must be unlawful.
• Lawful threats

  • Self-defence
  • Police officer in duty