Offences against the person - Assault

Learning Outcomes

After studying this article, you will be able to identify and explain the legal definition of assault, distinguish its actus reus and mens rea, apply the concept of immediacy, and recognise the difference between assault and battery. You will also be able to analyse conditional threats and apply the law to SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the offence of assault as part of offences against the person. Focus your revision on:

• the legal definition and elements of assault (actus reus and mens rea)
• the concept of immediacy in assault
• the effect of words, silence, and conditional threats
• the distinction between assault and battery
• how to apply these principles to factual scenarios

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is required for an assault?
   1. physical contact
   2. the victim’s apprehension of immediate unlawful force
   3. actual injury to the victim
   4. the defendant’s intention to cause serious harm

2. True or false? Words alone can amount to an assault.

3. What is meant by “immediacy” in the context of assault?

4. Can a conditional threat ever amount to an assault? Give an example.

Introduction

Assault is a common law offence forming part of the offences against the person. It is frequently tested in SQE1 and underpins more serious offences such as assault occasioning actual bodily harm. For SQE1, you must be able to identify the elements of assault, apply the law to practical scenarios, and distinguish it from battery.

Definition and Elements of Assault

Assault occurs when a person intentionally or recklessly causes another to apprehend immediate and unlawful personal force. No physical contact is required.

Key Term: assault An act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful personal force.

Actus Reus: Causing Apprehension of Immediate Unlawful Force

The actus reus of assault is satisfied when the defendant’s conduct causes the victim to apprehend (expect) that unlawful force will be used against them immediately. The apprehension must relate to force that could occur at once, not at some distant time.

Key Term: actus reus The physical element of an offence; for assault, this is causing the victim to apprehend immediate unlawful force.

Words, Silence, and Conduct

Assault can be committed by words, silence, gestures, or a combination. For example, raising a fist, making a threat, or even remaining silent in circumstances that cause fear can all amount to assault.

Key Term: immediacy The requirement that the victim apprehends unlawful force will be used against them without delay—i.e., in the immediate future.

Mens Rea: Intention or Recklessness

The mens rea for assault is either an intention to cause the victim to apprehend immediate unlawful force, or recklessness as to whether such apprehension is caused.

Key Term: mens rea The mental element of an offence; for assault, this is intention or recklessness as to causing apprehension of immediate unlawful force.

Immediacy and Conditional Threats

The requirement of immediacy means the victim must believe that force could be applied at once. However, the courts interpret immediacy flexibly. For example, a threat made over the phone or by message may suffice if the victim fears violence could occur at any moment.

Conditional threats may or may not amount to assault. If the condition negates the possibility of immediate force, there is no assault. If the threat is conditional but the victim still fears immediate force, assault is made out.

Worked Example 1.1

Scenario:
Sam raises his fist at Lee and says, “If you don’t leave now, I’ll hit you.” Lee believes Sam will strike him immediately if he stays.

Answer:
This is an assault. The conditional threat (“if you don’t leave now”) does not negate immediacy, as Lee fears immediate unlawful force if he remains.

Worked Example 1.2

Scenario:
Jordan sends repeated silent phone calls to Pat late at night. Pat fears that Jordan is watching and may attack at any time.

Answer:
This is an assault. Silence can amount to assault if it causes the victim to apprehend immediate unlawful force.

Worked Example 1.3

Scenario:
Alex waves to get a friend’s attention. A bystander, Ben, mistakenly thinks Alex is threatening him and feels afraid.

Answer:
There is no assault. Alex did not intend, nor was he reckless as to, causing Ben to apprehend immediate unlawful force.

Exam Warning

For SQE1, remember that assault does not require physical contact or actual injury. The focus is on the victim’s apprehension of immediate unlawful force and the defendant’s intention or recklessness.

Distinction from Battery

Assault and battery are often charged together but are distinct offences. Assault is causing apprehension of force; battery is the actual application of unlawful force.

Key Term: battery The intentional or reckless application of unlawful force to another person.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• Assault is committed when a person intentionally or recklessly causes another to apprehend immediate unlawful force.
• The actus reus is causing apprehension of immediate unlawful force; no contact is required.
• The mens rea is intention or recklessness as to causing such apprehension.
• Immediacy means the victim must fear force could occur at once, but courts interpret this flexibly.
• Words, silence, gestures, or conditional threats can all amount to assault if the victim fears immediate force.
• Assault is distinct from battery, which requires actual physical contact.

Key Terms and Concepts

• assault
• actus reus
• immediacy
• mens rea
• battery