Non- Fatal offences - Assault

Question 1

What is assault ?

Answer 1

Assault has no statutory definition. The definition and all elements of the offence of assault are set out in case law

Question 2

What is the punishment for assault ?

Answer 2

The punishment for assault is maximum of 6 months imprisonment and set out in statute under s.39 Criminal Justice Act 1988

Question 3

What is the definition of assault ?

Answer 3

A person is guilty of assault if he intentionally or recklessly causes another person to apprehend immediate, unlawful personal violence/force

Question 4

Briefly mention the AR’s of assault:

Answer 4

1. Apprehend/Fear
2. Immediacy
3. Words can constitute
4. Words can also negate
5. Letters can amount to an assault
6. Silence can also be assault

Question 5

Briefly mention the MR’s of assault:

Answer 5

1. Intention

2. Recklessness

Question 6

Explain what is meant by the first AR Apprehend/Fear and what happened in the case of R v Lamb

Answer 6

If the D causes the victim to believe he/she is about to be struck.
The victim doesn’t actually need to be afraid, merely aware that something violent is about to happen

In R v Lamb there was no unlawful act as there was no assault, victim didn’t believe the gun was going to off when they were playing

Question 7

Explain what is meant by immediacy and what was held in the case of Smith v Superintendent of working police

Answer 7

The courts have taken a generous approach as to when will a fear be regarded as immediate.

In the case of Smith conviction was upheld as it was stated ‘ immediate is not instantaneous, just an imminent threat (fear of what D might do is enough)

Question 8

Words can constitute an assault, what case supports this ?

Answer 8

R v Wilson

Question 9

Words can also negate an assault, what case supports this

Answer 9

Turbeville v Savage

Question 10

Letter can amount to assault, what case supports this ?

Answer 10

R vConstanza , despite there not being immediacy, letters can amount to assault

Question 11

Silence can also be classed as an assault, what case supports this ?

Answer 11

R v Ireland, silence can amount to assault and psychiatric injury can amount to bodily harm.

Question 12

What is the MR of assault ?

Answer 12

When one intentionally or recklessly causes another to apprehend immediate unlawful force