S39 Common Assault: Assault

Question 1

What is the definition of assault?

Answer 1

An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful force or recklessness as to whether such fear is caused.

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.