Non-fatal offences

Question 1

What is the section for assault?

Answer 1

S.39 Criminal Justice Act 1988

Question 2

What is the definition of assault?

Answer 2

An act which causes the victim to apprehend immediate unlawful force with the intention or recklessness as to causing the apprehension of immediate unlawful force

Question 3

What are the actus reus elements of assault?

Answer 3

Must be positive act- can be with words (R v Constanza), actions (Steven v Myers) even silent phone calls (R v Ireland)
Victim must fear unlawful force was about to occur (R v Lamb)
Unlawful- without legal excuse (self defence/ consent)
Immediate means imminent

Question 4

What is the mens rea of assault?

Answer 4

Intention or wrecklessness

Question 5

How is intention measured?

Answer 5

Direct- intention to bring about a particular consequence (R v Mohan)
Indirect- virtual certainty test- was the application a virtual certainty and would defendant forsee the consequences (R v Woolin)