Assault Flashcards

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1
Q

What is the definition of assault

A

Intentionally or recklessly make V apprehend immediate unlawful violence

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2
Q

What case supports the definition of assault

A

Fagan v MPC

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3
Q

Under what section and law will assault be found

A

S39 criminal justice act 1988

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4
Q

What are the 3 things that must be proven fir the actus reus of assault

A

Apprehend, immediate and unlawful violence

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5
Q

What do you not need to prove for assault and battery

A

Causation

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6
Q

What does apprehend mean

A

The victim has an awareness of general violence

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7
Q

What case supports apprehend

A

Smith v Supt of Woking

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8
Q

What is the definition of immediate

A

Violence must occur within a reasonable amount of time

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9
Q

What came supports immediate

A

Smith v Supt of Woking

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10
Q

What is the definition of unlawful violence

A

Violence can be apprehended by V due to words, gestures and other means

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11
Q

What cases states silent phone calls can amount to unlawful violence

A

Ireland

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12
Q

What case states that threatening letters can amount to unlawful violence

A

Constanza

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13
Q

What cases states that words can nullify an assault

A

Tuberville v Savage

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14
Q

What is the mens rea of assault

A

D has the intention or recklessness to make the victim apprehend immediate unlawful violence

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