Assault

What is Assault?

Any act that makes the victim apprehend immediate and unlawful violence with intention or recklessness that the victim would apprehend immediate and unlawful violence

Actus Reus

Any act that makes the victim apprehend immediate and unlawful violence

Any Act

An act could be a gesture, words or action and words can be verbal or written

Any Act (Case)

R v Constanza

Makes the Victim Apprehend Violence

Apprehend → To await fear or anxiety

Immediate Violence

Immediacy is proven if V apprehended the possibility of an immediate attack

Immediate Violence (Case)

R v Ireland

Unlawful Violence

Violence is always unlawful unless there is a lawful reason for it (consent, self-defence, police officer arresting suspect)

Mens Rea

Intention or recklessness that the victim would apprehend immediate and unlawful violence

Intention

A decision by D to bring about a prohibited consequence; it is a deliberate act

Intention (Case)

R v Mohan

Recklessness

A conscious risk

Recklessness (Test)

Cunningham Test

1. D realised there was a risk

2. D decided to take the risk anyway

What Act is Assault Under?

S39 Criminal Justice Act 1988

What is the Maximum Sentence for Assault?

6 Months Imprisonment or £5000 Fine

What Type of Offence is Assault?

Summary Offence