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CRIMINAL LAW > ASSAULT > Flashcards

ASSAULT Flashcards

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1
Q

ACT

A

s.39 Criminal Justice Act 1988

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2
Q

DEFINITION

A
  • intentionally or recklessly make v apprehend immediate unlawful violence
  • FAGAN V MPC
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3
Q

ACTUS REUS
apprehend + case

A
  • v has an awareness of general violence
  • smith v chief superintendent of woking police station - v frightened by his conduct
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4
Q

ACTUS REUS
immediate + case

A
  • must occur in a reasonable amount of time
  • smith v chief superintendent of woking police station
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5
Q

ACTUS REUS
unlawful violence + case

A
  • can be apprehended by v due to words or gestures etc.
  • R v Constanza (written words suffice)
  • R v Ireland (silent phone calls suffice)
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6
Q

MENS REA

A
  • d has intention or recklessness to make v apprehend immediate unlawful violence
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7
Q

MENS REA
intention

A

R v Mohan

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8
Q

MENS REA
recklessness

A

R v Cunningham

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9
Q
A
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CRIMINAL LAW (14 decks)

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