Assault notes

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S39 of Criminal Justice Act 1988 states:

  • Summary Offence
  • Max sentence- 6 months imprisonment or fine
  • Common-law offence (not defined as act of parliament

R V Venna (1976)- provides definition "intentional or reckless causing of apprehension of immediate unlawful personal violence". 

Actus Reus

-AR of any assault is to make V fear unlawful force is going to be used on him/her

-NO force actually needed (can be raising a fist, pointing a gun)

-'Fear' interpretted to mean 'apprehension'

-Debated whether words can amount to assault.

-R V Wilson - Lord


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