Assault Flashcards

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1
Q

Assault - Act

A

Common law s39 Criminal Justice Act 1988

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2
Q

Assault - Definition

A

Intentionally or recklessly make V apprehend immediate unlawful violence (Fagan v MPC)

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3
Q

Assault - AR

A

Apprehend, V has an awareness of general violence (Smith v Supt of Woking) even when D is joking (Logdon)
Immediate, occur within a reasonable time frame (Smith v Supt of Woking)
Unlawful violence, silent phone calls (Ireland)
Words and letters (Consatnza)
Words can nullify an assault (Tuberville v Savage)

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4
Q

Assault - MR

A

Intention (Mohan)
Recklessness (Cunningham)

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