Non Fatal Offences

Question 1

Assault definition

Answer 1

Common law defence under s39 Criminal Justice Act
Basic intent offence summary only (6 months max unlimited fine s.85 LASBO)
“Assault is an act which causes V to apprehend the infliction of immediate and unlawful force on his or her person” Lord Goff Collins v Wilcock

Question 2

AR of Assault

Answer 2

Cannot be an omission
Must be an act e.g. Logdon (showing V a gun ACT) or words e.g. Meade (said menacing songs outside V house words didn’t count but was overruled)
Assaulting words can be written e.g. Constanza (stalked for 2 years writing 800 letters damaged her mental health ) or spoken/silent phone calls e.g. Ireland (silent phone calls etc from ex caused V’s depression)
Additional words may negate assault e.g. Tuberville v Savage (If magistrate weren’t in town…) but won’t always e.g. Light (sword above wife’s head ‘if not for police officer outside…’)
Unlawful force must be apprehended by V as shown in Lamb (neither child knew the gun would fire)
Immediate means ‘imminent’ in the sense V doesn’t know what will happen next e.g. Ireland
Apprehension of force is required fear is not

Question 3

MR of Assault

Answer 3

Intention or subjective recklessness e.g. Cunningham (ripped gas meter for the money released gas killed mother in law) as to causing V to apprehend immediate unlawful personal violence.