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Assault: 1.1 Actus Reus (A) There Must Be Apprehension of Personal Violence
Assault: 1.1 Actus Reus (A) There Must Be Apprehension of Personal Violence
1. Assault
The defendant must cause the victim to believe he can and will carry out the
threat of force R v Lamb.
If the victim is caused to apprehend such a threat, it is irrelevant that the
defendant does not in fact have the means to carry out that threat Logdon v
DPP.
The conduct of the defendant will be deemed lawful if acting on self defence
or the defence of another, if the conduct is consented to, or if the use of force
is for the reasonable and lawful chastisement of a child or in order to effect a
lawful arrest
The victim must believe that immediate violence will be inflicted upon him,
therefore fear that the force might be applied sometime in the future would be
insufficient. However the courts have developed a rather generous
interpretation of immediacy.
Definition of personal violence: for an assault, the victim must apprehend
physical violence. If the threat is immediate psychological harm, charges
under other statutes, such as Protection from Harassment Act 1997 would be
more suitable
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1.2 MENS REA- Whether the accused intentionally or recklessly causes the
victim to apprehend immediate personal violence.
(a) Intention
R v Maloney - Was it the accuseds aim or purpose to commit the actus reus?
(b) Recklessness
As per R v Venna, the type of recklessness applicable is defined in R v Cunningham
- An objectively unreasonable risk of causing the victim to apprehend violence? Then
must prove the accused was subjectively aware of his actions.
Venna was in the process of being arrested, he lashed out and one of the officers got
their hand broken. Trial judge directed he could be convicted if he simply lashed out
recklessly not caring if he hit anyone or not. This was upheld- risk of injury and no
social utility.
R v Savage; Parmenter - Savage went into pub, saw an enemy and picked up
pint glass of beer and said nice to see you darling; then threw beer in womans
face. Glass slipped out of hand, broke on table and some glass cut other
womans hand. Woman suffered only minor injuries. Court held even though
she did not intend to cause the injury, nevertheless, she was reckless.