Assault Flashcards
What is the legal definition of assault according to S.39 of the Criminal Justice Act 1988?
Assault is defined as ‘where the D intentionally or recklessly causes the V to apprehend immediate unlawful personal violence’.
What are the elements of the actus reus of assault?
The actus reus of assault consists of:
* Apprehension
* Immediate
* Unlawful personal violence
Each element must be present for assault to be established.
What does it mean to cause the V to apprehend in the context of assault?
To cause the V to apprehend means to cause the V to fear violence.
This concept was illustrated in R v Lamb.
In R v Lamb, what is established regarding the victim’s fear?
If there is no fear by the V, then there is no assault.
This highlights the necessity of the victim’s apprehension in assault cases.
What happens if the D makes a threat but then negates it, as seen in Tuberville v Savage?
If the D negates the threat, then there is no assault as the D demonstrates that they will not be carrying out the threat.
What must the apprehension of violence be in terms of timing according to Smith v CC of Woking Police?
The V must fear personal violence there and then or in the immediate future.
What constitutes unlawful apprehension of personal violence?
Any fear of force that has not been consented to by the V.
What is the mens rea required for assault?
The mens rea of assault is to intentionally or recklessly cause the V to apprehend immediate unlawful violence.
How is direct intention defined in the context of assault?
Direct intention is where the D has a desire to bring about a specific outcome, as established in R v Mohan.
What is recklessness in the context of assault?
Recklessness occurs when the D foresees a risk of harming the V and takes that risk anyway, as established in R v Cunningham.
