Assault

• • Assault is defined by common law. S39 of the Criminal Justice Act 1988 mentions assault as being a summary offence with a fixed term sentence of 6 months.
• The actus reus of assault is an: an act which causes the victim to apprehend, immediate unlawful force.
• There must be an act. It cannot be an omission.
• The act may be through: written and spoken words (Constanza), Actions (Smith v CSoWP), Silence (Ireland)
• The victim must apprehend unlawful force (lamb).
• The V must apprehend that the unlawful force will pursue immediately. In Smith v CSoWP, the court stated that immediate does not mean there and then.it is immediate if the V does not know what will happen next.
• If no immediate harm can actually pursue then it cannot be assault. In Tuberville v Savage, the court held that where there is a conditional threat, the words negate the threat.
• The mens rea of assault is: intention or recklessness as to causing the victim to apprehend immediate unlawful force.