TRESPASS TO PERSON: ASSAULT

Topic of the day

- Definition of assault

- Purpose of the law of assault

- The elements of assault

DEFINITION OF ASSAULT

Assault under trespass to person refers to the intentional causing of another person to apprehend the immediate infliction of unlawful force.

PURPOSE OF THE LAW OF ASSAULT

The purpose of the law of assault is to protect individuals from the fear and threat of physical harm, regardless of whether actual physical contact occurs. It aims to uphold the fundamental right to personal security and bodily integrity. The Criminal Justice Act 1988 under Section 39 defines common assault as causing another person to apprehend immediate unlawful force. See the cases of R v. Ireland (1997) where it was established that silence can constitute an assault if it causes the victim to apprehend immediate unlawful force. Also the case of R v. Constanza (1997) where the court ruled that repeated letters and phone calls could amount to an assault if they caused the victim to fear immediate violence and R v. Venna (1976) where the court established that recklessness as to causing the victim to apprehend immediate unlawful force is sufficient to constitute assault.

THE ELEMENTS OF ASSAULT

The elements of assault involve both the act and the mental state of the perpetrator which will be discussed below;

1. Act Requirement: The defendant's act must cause the victim to reasonably apprehend the immediate application of force. This can be either through physical actions, threats, or gestures.See the Criminal Justice Act 1988, Section 39 which defines assault as causing another person to apprehend immediate unlawful force and the case of R v. Ireland (1997) where the court held that silence can constitute an assault if it causes the victim to fear immediate violence.

2. Mental Element: The defendant must have the intention to cause the victim to apprehend immediate unlawful force or recklessly disregard the risk of causing such apprehension. See the case of R v. Venna (1976) where the court ruled that recklessness as to causing the victim to apprehend immediate unlawful force is sufficient to constitute assault.