assault

• Define assault


  Conduct by D which causes v to apprehend the infliction of some immediate unlawful force
• Max sentence for assault

  6 months
• What section


  S39 criminal justice act 1988
• State actus reus elements

  An act

  Causes v to apprehend

  Immediate unlawful force
• Describe an Act


  - requires some acts or words , omission not sufficient

  - ( raising a fist, throwing stone which misses )

  - However if V given choice to stop then it's not assault

  CONSTANZA - letters capable of assault

  IRELAND - silent calls can be assault
• Cases to show that words indicating no violence may prevent it from being assault

  TUBERVILLE V SAVAGE = ' if it were not a size time, I wouldn't take such language from you ' , no assault as showed he wasn't going to do anything

  
  

  R V LIGHT = ' if it weren't for police outside I would split your head open' , but wife feared force was going to be used so words weren't enough to negate that fear
• Describe how V has to apprehend immediate unlawful force

  R v LAMB = pointing unloaded gun at friend who knew unloaded can't be assault as they don't fear immediate violence

  
  

  LOGDON = imitation gun at V she was terrified so there was assault as V apprehended immediate unlawful force
• Immediate


  SMITH V WOKING POLICE

  - Must cause V to apprehend IMMEDIATE force is going to be used

  - no assault if D can't carry out the threat in immediate future which means imminent
• Mens rea


  - intention to cause another to apprehend immediate unlawful force

  - subjective recklessness as to whether such fear is cause

  
  

  It's a basic intent offence

  
  

  R v Venna said recklessness to be judged subjectively confirmed in r v parmenter