S39 CJA Common Assault: Assault

Question 1

What is the actus reus of assault?

Answer 1

An act which causes the victim to apprehend the infliction of immediate, unlawful force.

Question 2

Evaluate the actus reus in terms of “an act”.

Answer 2

• Requires some act or words.
• An omission is not sufficient to constitute an assault.
• Words can be verbal or written.
• Silent telephone calls can constitute an assault.

Question 3

Evaluate the actus reus in terms of “apprehend immediate unlawful force”.

Answer 3

• The act or words mist cause the victim to apprehend immediate unlawful force.
• No assault if it is obvious the defendant cannot actually use force.
• Immediate does not mean instantaneous, but ‘imminent’.

Question 4

Evaluate the actus reus in terms of the unlawfulness of the force.

Answer 4

• The force which is threatened must be unlawful.

Question 5

What is the mens rea of assault?

Answer 5

An intention to cause another to fear immediate unlawful personal violence, or recklessness as to whether such fear is caused.

Question 6

What is the test for the mens rea?

Answer 6

The defendant must realise there is a risk that his acts or words could cause another to fear immediate unlawful personal violence.