Non- Fatal Offences : Assault

Question 1

Assault intro

Answer 1

the D (name) may be guilty of committing assualt agaisnt the V (name). Assault is recognised by S.39 by the Criminal Jusitce Act 1988. Fagan V MPC 1969 defined assault as ‘where the D intentionally or recklessly causes the V to apprehend immediate unlawful persoanl violence’.

Question 2

Assault- Actus reus

Answer 2

The AR for assault is apprehension, immediate and unlawful personal violence. The first element is to cuase the V to apprehend, this simp;y means to cause the V to fear. R V Lamb established that the there must be fear, if there is no fear by the V then there is no assault.
The next element of the AR is that the apprehension of violence must be immediate. Smith V CC of working police demonstrated that the V should fear Personal Violence there and then.
The last element of the AR is that the apprehension of persoanl violnce must be unlawful. This generally means any fear or force used that the V has not consesnted to.

Question 3

AR Assualt

The actus reus of assault has been/has not been satisfied as all the elements are present/not present.

Question 4

MR Assault

Whats after the AR of Assault?

Answer 4

We must now establish the Mens Rea for assualt. The MR for assault is to intentionally or reckelessly cause the V to apprehaned immediate unlawful personal violence.

Question 5

MR Assualt

Mens Rea

Answer 5

Direct Intention was established in R V Mohan where the D has a adesire of a specific outcome.
Recklessness was established in R V Cunningham where the D forsess a risk of harming the V but takes that risk anyway.

Question 6

Conclusion

Answer 6

To conclude, the D (name) will be/not be guilty of assault as all/not all elements are present…