Assault Flashcards

1
Q

What is the definition of Assault?

A

To intentionally or recklessly cause the apprehension or fear of immediate force

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2
Q

What is the Act and Section number for assault?

A

Section 39 - Criminal Justice Act 1988

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3
Q

What is the POL from R vs Lamb?

A

No fear = No assault

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4
Q

What is the POL from R vs Ireland?

A

Silent phone calls can constitute an assault

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5
Q

What is the POL from R vs Constanza?

A

Threatening letters can constitute to an assault

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6
Q

What is the POL from Chambers vs DPP?

A

As it was a joke and no fear was caused it was not an assault

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7
Q

What is the POL from R vs Misalati?

A

Evidence of fear from verbal/racist attack added up to an assault

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8
Q

What is the POL from Tuberville vs Savage?

A

Words can cancel an assault

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9
Q

What is the POL from Smith vs Chief Superintendent of Woking Police Station?

A

Fearing the possibility of immediate force counts as an assault

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10
Q

What is the Mens Rea for Assault?

A

Intention (Direct/Indirect)
Recklessness

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11
Q

What is the quote for recklessness and what is it called?

A

Cunningham Recklessness - The defendant appreciates there is a risk but takes it anyway

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