A Level Law Practice Exam

What must the mens rea for an assault entail?

1. Intention to cause permanent injury

2. Recklessness in regard to the victim's feelings

3. Intention or recklessness to cause apprehension of unlawful force

4. Neither intent nor negligence is necessary

The correct answer is: Intention or recklessness to cause apprehension of unlawful force

The mens rea for an assault involves the intention or recklessness to cause apprehension of unlawful force. In legal terms, assault is characterized not by the actual physical application of force, but by the act of causing another person to apprehend such force. This means that the person committing the assault must either intend to cause that apprehension or be reckless as to whether such apprehension will be caused. Intention signifies that the person aims to achieve this outcome, while recklessness indicates a disregard for the likelihood that their actions will lead to someone fearing harm. Therefore, the presence of either of these mental states is sufficient for the mens rea of assault. Other options, such as intending to cause permanent injury or simply being reckless about the victim's feelings, do not accurately describe the necessary mental state for assault under the law, as they focus on physical harm rather than the critical aspect of apprehension of unlawful force. Additionally, the notion that neither intent nor negligence is needed misrepresents the fundamental requirements for establishing an assault.