non-fatal offences: assault

Question 1

what governs assault?

Answer 1

S39 Criminal Justice Act 1988

Question 2

what is assault?

Answer 2

the D intentionally or subjectively recklessly causes another person to fear immediate unlawful personal violence

Question 3

what does the AR of assault consist of?

Answer 3

• an act
• V must apprehend immediate, unlawful, personal violence

Question 4

explain the AR of assault

Answer 4

• fear can be caused through D’s words, gestures or silence (Ireland)
• threat can be cancelled out by words (Tuberville v Savage)
• the V must apprehend immediate unlawful force (Lamb)
• it does not matter if the D cannot apply unlawful force if they cannot get to the V, as long as the D fears immediate unlawful force (Smith vs Woking Chief Superintendent)
• if the D fears immediate unlawful force at some time not excluding the future (Constanza)

Question 5

explain the MR of assault

Answer 5

• direct intent (Mohan), the D intended to cause the V to fear immediate unlawful force
• recklessness (Cunningham), the D foresaw the risk of some harm from their conduct, such as XXX, but still chose to take the risk

Question 6

Ireland

Answer 6

the D can cause the V to fear immediate unlawful force through words, gestures or silence

Question 7

Tuberville v Savage

Answer 7

fear of immediate force can be cancelled out through words or deeds

Question 8

Lamb

Answer 8

the v must fear immediate unlawful force

Question 9

Smith v Woking Chief Superintendent

Answer 9

it does not matter if the D cannot physically get to the V, only that the V fears immediate, unlawful force

Question 10

Constanza

Answer 10

the AR is still satisfied if the V fears immediate unlawful force at some time not excluding the future

Question 11

Mohan

Answer 11

direct intent

Question 12

Cunningham

Answer 12

recklessness