Assault AO1

Law Paper 1: Section B

Section and Act?

Section 39 Criminal Justice Act 1988

Definition?

D intentionally or recklessly causes V to apprehend immediate unlawful violence

Actus Reus?

D causing V to apprehend immediate unlawful violence

What does to ‘apprehend’ mean? What does it include?

V fears or expects violence. Can involve an action (eg words alone- Constanza or silent phone calls- Ireland)

What did Smith conclude?

Smith defined immediate as imminent (may come soon)

What negates to an assault?

Words can negate to an assault. Light- assault, Tuberville- not assault

Mens Rea?

Intention or subjective recklessness.

Mohan defined intention as ‘a decision to bring about the prohibited consequence’

What did Cunningham say about recklessness?

Cunningham said that recklessness is enough for the MR. D forsees a risk that V will apprehend immediate unlawful violence but takes the risk anyway

Reform Proposal?

Law Commission 2015

Suggested changing it to ‘threatened assault’

Makes it clear that assault isn’t physical - separates assault & battery