Non-fatal offences against the person

Question 1

What is the definition of assault?

Answer 1

Assault is where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence/force

Question 2

What offence is assault under?

Answer 2

Its a summary offence and is only triable in the magistrates court and carries 6 months according to s39 of the criminal justice act 1988

Question 3

What is a good case demonstrating assault?

Answer 3

R v Lamb - if the victim does not anticipate unlawful personal violence, there is no assault

Question 4

What is the mens rea of assualt?

Answer 4

Intention to cause the victim to apprehend immediate unlawful personal violence or being reckless to where such apprehension is caused