Non-fatal offences against the person- Assault (Cases (Wilson- Words,…
Non-fatal offences against the person-
What is assault?
Charged under s.39 Criminal Justice Act 1988. Defined as intentionally or recklessly causing the victim to apprehend immediate and unlawful violence.
Actus Reus of assault
Causing V to apprehend immediate and unlawful violence
Mens Rea of assault
Intention or subjective recklessness as to the AR, so it must be D’s aim or purpose (Mohan) to cause V to apprehend immediate violence or he must realise the risk of this and yet still go ahead to take the risk (a subjective test - Cunningham)
- silent phone calls
- If the V doesn’t apprehend violence there is not an assault
- the V’s belief doesn’t have to be rational - no need to prove the threat would be carried out, that the D was actually in danger just that s/he believed they were.
Smith v CS Woking Police; Constanza
- immediate is broadly interpreted, it can include the immediate future and where the V thinks that violence will occur at any point
words can negative an assault (
Tuberville v Savage
) and a future threat isn’t an assault.