ABSTRACT
The main offences are set out in the Offences Against the Person Act (OAPA) 1861. This did not create a coherent set of offences and there have been many problems in the law. The Law Commission has proposed a complete reform of the law but, as yet, Parliament has not reformed the law. The defendant intentionally or subjectively recklessly causes another person to fear immediate unlawful personal violence. Fear of any unwanted touching is sufficient: the force or unlawful personal violence that is feared need not be serious. The mens rea must be either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused. The test for recklessness is subjective; the defendant must realise the risk that his acts/words could cause another to fear unlawful personal violence. Words indicating there will be no violence may prevent an act from being an assault, but not in all circumstances.
