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