Non Fatal Offences - Assault

Question 1

Definition of assault

Answer 1

• D intentionally or recklessly causes V to apprehend imminent unlawful force

Question 2

Punishment of assault

Answer 2

• S. 39 Criminal Justice Act 1988
  o Fine or 6 months max

Question 3

Actus Reus for assault (7)

Answer 3

• R v Ireland; R v Burstow
  o Words and gestures can amount to assault
  o Silence amounting to assault depends on circumstances – depends if V feels apprehensive of possible violence
• Tuberville v Savage
  o Words may negate an assault – wording used may show they are not intending to act
• Read v Coker
  o A conditional threat may amount to assault
  o Threatened to break servant’s neck if he did not leave the premises – caused apprehension so would be assault
• Logdon v DPP
  o Threatened to take D hostage – because gun was fake would have been unable to kidnap her. As soon as victim apprehended the force, assault occurred
  o The fact that he did not intend to carry out the threat or was incapable of doing so provided no defence; all that was needed was that the victim apprehended violence
• IMMINENCY/IMMEDIACY
• Smith
  o Apprehended a sufficiently immediate application of force
  o Woman looked out of window and saw man standing outside
• Ireland
  o Fear the possibility of immediate personal violence – did not know where the silent caller was
• Constanza
  o A fear of violence at some time not excluding the immediate future – letters sent to victim and last two were threatening so violence could be imminent

Question 4

mens rea for assault (2)

Answer 4

• Venna
  o An assault can be committed recklessly
• Savage, Parmenter
  o Requires subjective recklessness – D would have been aware of risk that their conduct would cause victim to apprehend immediate force