Assault
s.39 Criminal Justice Act 1988
Assault is intentionally or recklessly cause another person to apprehend immediate unlawful violence
Actus Reus
Mens Rea
The v to apprehend
Immediate unlawful violence
To cause the v to apprehend immediate and unlawful violence
Can be words or actions - Read v Coker - Surrounded by workers and told him to leave the building or they would break his neck
Can be letters - Constanza
Words can cancel out actions - Tuberville v Savage - hand on sword handle and then said if it not for police then I would hurt you
Can be psychiatric injury - Ireland;Burstow - silent telephone calls to woman which caused depression
The belief does not have to be rational - Ramos - man got a letter telling him he will be bombed
The v must believe that something of a violent nature will happen to them - Lamb - Pointed a gun at friend and pulled the Trigger, was MS but no fear - Logdon - showed woman a gun, started shaking, told her it was fake, guilty - Light - said if police were not outside then would stab him, sword above head, guilty
It does not matter if the v has no intention to carry out the threat the v just has to believe they will
Any amount of violence (serious or not)
Can’t be a future threat - immediate means immanent (near future) - Smith v Woking - man looks into a woman’s window, guilty - Constanza
Intention
Recklessness
Aim or purpose - Mohan
Realise the risk that as a result from their action an assault might take place
Cunningham