Assault s.39CJA1988

  • Created by: erw16
  • Created on: 10-03-19 14:35

Assault is a criminal offence under s.39 of the Criminal Justice Act 1988 and carries a maximum six month sentence.


An assault is the apprehension of the application of unlawful force immediatley. This can be carried out through words or physical gestures.

This can be also committed through silence as set out in R v Ireland and Burstow where the victim feared the defendant may be nearby after recieving silent phone calls.

Words can also undermine a potential assault as shown in the case of Tuberville v Savage 1669 where the defendant reached for his sword and said "If it weren't assize time, I would not take such language from you.

The apprehension of the application of unlawful force must be immediate however in Smith v Chief Constable of Woking


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