Assault Flashcards

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1
Q

Definition

A

Act casases victim to apprehend infliction of immediate unlawful force intention to cause fear of personal violence or recklessness to fear is caused

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2
Q

Offence

A

Common law offence S39 CJA 1988

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3
Q

AR

A

Must be an act.Omission cannot constitute an assault CONTANZA IRELAND
Fear of force must be immediate/Imminent SMITH V CWPS
Words that negate violence may prevent an assault being committed TUBERVILLE V SAVAGE
Force threatened must be unlawful force Lawful = no assault

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4
Q

MR

A

Intention or recklessness to cause fear of immediate unlawful personal violence
Basic intent crime If D is intoxicated when he does AR he is considered as reckless

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