Knowledge summary

• The D may have committed assault contrary to Common Law which is a summary offence punished under s.39 of the Criminal Justice Act 1988
• Definition - Defined in Venna as 'intentionally or recklessly causing a person to apprehend immediate, unlawful, personal violence'
• Actus Reus - act, apprehension, immediate

  1. Act, does not need physical contact, words (Constanza), actions (Smith) or both (Lewis)
  2. Apprehension, fear (Lamb), belief (Logdon), words can negate (Tuberville v Savage)
  3. Immediate, 'imminent' - soon, 'instantaneous' - straight away, (Smith v Woking police station)
• Causation

  1. Factual established using the 'but for' test (White)
  2. Legal, de minimis 'more than a minor cause' (Kimsey), operating and substantial cause 'most to blame' (Smith)
  3. New intervening Acts - v's own actions (Roberts), v's self neglect (Wallace), actions a 3rd party (Pagett), thin skull rule (Blaue), 'palpably wrong' medical treatment (Smith)
• Mens Rea - intention, recklessness

  1. Intention - aim, wish, desire (Mohan)
  2. Recklessness - d foresees a risk and proceeds to take it anyway (Cunningham)
• Sentence

  s.39 Criminal Justice Act 1988

  up to 6 months prison and/or £5,000 fine