Law Non-Fatal Offences Assault

What act sets out its sentence

What act sets out its sentence

S39 Criminal Justice Act 1988

Maximum sentence

6 months in prison and/or £5000 fine

1. Actus Reus

R v Nelson - defendant does something that makes the apprehend immediate unlawful personal violence

R v Lamb - don’t have to fear, only be aware

Smith v CS of Woking Police Station - immediate but not instantaneous

R v Ireland - words, actions or silence

Tuberville v Savage - threats

R v dume - doesn’t have to be direct

2. Causation

Factual - R v White

Legal - R v Kimsey

Thin skull rule - R v Blaue

Intervening acts (novus actus interveniens)

3. Mens Rea

R v Venna - Direct or Indirect Intention to cause immediate unlawful personal violence

R v Parmenter - subjective recklessness causing immediate unlawful personal violence