Assault

• An assault is an act which causes the victim to apprehend. The inflection of immediate and lawful force was either an intention to cause another media unlawful personal vines or recklessness as to whether such fear is caused.
• AR


  The victim apprehends immediate unlawful violence
• MR


  D intends or is reckless about causing the victim to apprehend immediate unlawful violence
• Smith v chief superintendent (Woking)

  • D broken into a garden and looked through v’s bedroom window causing v to be terrified
  • Fear of what D would do next was sufficient for the AR of assault
• Constanza:

  words alone can constitute to an assault, both spoken and written
• Ireland:

  suggests that silence over a phone may be assault
• Lamb

  the v needs to fear violence for there to be an assault
• Tuberville v Savage (no assault)

  words can negate a threat
• Light (assault):

  words can negate the threat but wont negate the threat if they’re sufficiently serious.
• Smith v Chief Constable of Woking:

  fear of immediate force is necessary, but this need not be instantaneous