Assault Flashcards
What is the definition of assault
Defined as the apprehension of immediate unlawful force
The Mens rea of assault
Recklessness or intent
Where is assault charged
Criminal justice act 1988 section 39
What was stated in R v Nelson
“What is required for common assault is for the D. to have done something of a physical kind which causes someone else to apprehend that they are about to be struck”
What is the Actus Reus of assault
May be an act or omission which caused the apprehension of immediate unlawful force
Belief of threat
The D must also have to hold the belief that violence will occur. There is no offence if the victim perceives there is no threat.
Read v Coker
Threat of violence can constitute an assault
R v Lamb
There was no assault because the victim did not fear any immediate physical harm, and the defendant did not intend to cause harm.
R v Cunningham
Reckless action as D should have forseen that harm would occur
R v Mohan
Even attempting to injure someone is an intentional offence
Smith v Chief Constable of Woking
The woman feared immediate personal violence, which was sufficient to constitute an assault.
