Non-Fatal Offences Against the Person
Assault
Actus Reus Mens Rea
The action- R V Ireland/Constanza Direct Intention- Mohan
Cause-Pagett(Factual) Kimsey(Legal) Oblique intention- Woolin
Apprehension- R V Lamb Subjective recklessness- Cunningham
Immediacy- R V Light
Unlawful force- Consensual, Parental
discipline, Sport, Self defence THE ONLY
LAWFUL DEFENCES
An Act- ‘Shouted at her’ (R V Ireland)
Causes- ‘But for’ the defendant shouting at the victim, the victim would not be left ‘scared’
(Pagett). The defendants’ actions are a more than minimal action that caused the
apprehension (Kimsey).
Apprehension- ‘Mary was left scared’.
Immediate- Both the defendant and victim are in the same area, and therefore the victim
could expect immediate danger. (R V Light).
Unlawful Force- NO DEFENCE, work colleagues.
Intention- The defendant’s actions are definitely reckless since it is likely for the victim to
feel scared after his aggressive shouting (Cunningham)
Assault
Actus Reus Mens Rea
The action- R V Ireland/Constanza Direct Intention- Mohan
Cause-Pagett(Factual) Kimsey(Legal) Oblique intention- Woolin
Apprehension- R V Lamb Subjective recklessness- Cunningham
Immediacy- R V Light
Unlawful force- Consensual, Parental
discipline, Sport, Self defence THE ONLY
LAWFUL DEFENCES
An Act- ‘Shouted at her’ (R V Ireland)
Causes- ‘But for’ the defendant shouting at the victim, the victim would not be left ‘scared’
(Pagett). The defendants’ actions are a more than minimal action that caused the
apprehension (Kimsey).
Apprehension- ‘Mary was left scared’.
Immediate- Both the defendant and victim are in the same area, and therefore the victim
could expect immediate danger. (R V Light).
Unlawful Force- NO DEFENCE, work colleagues.
Intention- The defendant’s actions are definitely reckless since it is likely for the victim to
feel scared after his aggressive shouting (Cunningham)
