Assault [Non-Fatal Offences]

Question 1

What is the definition of assault?

Answer 1

Intentionally or recklessly causing the victim to apprehend immediate, unlawful personal violence (Venna).

Question 2

From which section and act of parliament is the offence punished under?

Answer 2

s39 Criminal Justice Act 1988

Question 3

What are the maximum punishments for a defendant, if charged?

Answer 3

6 months imprisonment or £5000 fine

Question 4

What is the FIRST part of the Actus Reus?

Answer 4

D must have committed an act not omission. This act can be done by words (Constanza), actions (Smith) or both (Lewis). No physical contact is necessary.

Question 5

What is the SECOND part of the Actus Reus?

Answer 5

The victim must be in fear or there is no assault (Lamb). Fear can be justified, even if there is no actual threat to the victim (Logdon). However, if Ds words show that no violence will be used, there is no assault (Tuberville v Savage).

Question 6

What is the THIRD part of the Actus Reus?

Answer 6

Immediate personal violence means imminent not instantaneous (Smith). However, if it is impossible for force to be used, there is no assault.

Question 7

What is the MENS REA of the offence?

Answer 7

Intention, when D wants/desires an outcome (Byrne), or recklessness, when D perceives a risk that an outcome may happen but takes it anyway (Cunningham).

Question 8

What must be discussed AFTER the Actus Reus?

Answer 8

Causation