OCR law - assault

• what is assault?

  an act which causes the victim to apprehend the infliction of immediate, unlawful force

  the d either intends to cause another to fear immediate unlawful personal violence or is reckless as to whether such fear is caused
• what is AR of assault?

  an act

  which causes the v to apprehend the infliction of immediate, unlawful force
• "an act"


  an assault requires some positive act (not an omission) including words either verbal or written- r v Constanza

  spitting- r v misalati

  silent phone calls- r v Ireland
• "apprehend immediate unlawful force"


  "unlawful": if it is lawful there is no defnce

  "immediate":must be imminent- smith v chief superintendent of woking police station
• MR for assault


  either:

  intention to cause another to fear immediate unlawful personal violence

  or

  subjective recklessness was to whether such fear is caused