law on ASSAULT ar&mr with cases

Non-Fatal Offences Against the person.

Assault

Summary offence: maximum of 6 months

CL (offence defined through cases)

Actus Reus of assault

The victim must apprehend

Immediate

Unlawful

Personal violence

Fagan v mpc

D accidentally drove onto the policeman's foot. The policeman shouted at him to get off. D refused to move. argued at the time of the actus reus, the driving onto the foot, he lacked the mens rea of any offence since it was purely accidental. When he formed the mens rea, he lacked the actus reus as he did nothing.

Courts defined ASSAULT as "Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence"

D causes the victim to apprehend immediate violence

Case law show … could constitute this

“Apprehend”

Logdon 1976

D held up a replica gun, victim terrified…