assault Flashcards

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1
Q

definition of assault

A

“an act which causes the victim to apprehend immediate unlawful force” Lord Goff Collins v Wilcock

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2
Q

Stage 1 of actus reus

A

D must do an act (words gestures or even silence (Ireland)
side rule- written letters/texts/emails (Constanza)

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3
Q

Stage 2 actus reus

A

The v must apprehend force (Lamb) No apprehension, no assault (subjective to victim)
side rule- Jokes can be an assault if victim apprehended (Logden)

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4
Q

Stage 3 actus reus

A

The threat of force must be immediate (subjective to victim)- Smith v chief of woking police
side rule- words may negative the assault (Tuberville v Savage)
-any causation issues)-

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5
Q

mens rea of assault

A

intention (mohan) or recklessness (cunningham) to do an act which causes the victim to apprehend immediate unlawful force (Venna)
- transferred malice or coincidence rule-

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