battery a level law

"Assault is charged under…"

S39 Criminal Justice Act 1988

What is the definition of Assault, and which case does it come from?

'the intentional or reckless causing of an apprehension of immediate unlawful personal violence'.

R v Venna

What is the first step in determining Assault?

1) There must be an act.

What is considered an 'act'?

Physical actions or Words.

What does 'Constanza' show?

Letters can constitute an assault.

What does 'Ireland' show?

Silent phone calls can constitute assault.

What is the second step in determining Assault?

There must be an apprehension.

V must fear immediate unlawful force is going to be used against them.

What does the case of 'Lamb' show?

Apprehension is not present if no possibility of a threat.

What does the case of 'Logdon' show?

Apprehension can involve use of replica weapons.

What is the third step in determining Assault?

The apprehension must be of 'immediate, unlawful force'.

What does the case of 'Smith' show?

'Immediate' does not mean instantaneous, but imminent.

What does the case of, 'Tuberville' show?

Words may negate an assault.

What does the case of 'Light' show?

It could be an assault if the words were not enough to negate that fear.

What is the fourth step of determining 'Assault'?

Mens Rea

What does the case of 'Mohan' show?

Intentionally cause another to fear immediate unlawful personal violence.

What does the case of 'Cunningham' show?

Acting recklessly as to whether such fear is caused.