Assault Flashcards

1
Q

What is the definition of assault according to IRELAND?

A

D must intentionally or recklessly cause V to apprehend immediate and unlawful force.

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2
Q

What does LOGDON v DPP state?

A

To apprehend something means to be aware of it. V does not have to be scared, nor does V have to be in danger.

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3
Q

What does SMITH v SUPERINTENDENT OF WPS state?

A

There must be an apprehension of immediate force, a threat by D to inflict harm in the future cannot be an assault. It is sufficient if D does something that makes V aware that there would be unlawful force at some unpredictable moment in the near future.

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4
Q

What does TUBERVILLE v SAVAGE state?

A

Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault.

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5
Q

What is the mens rea of assault according to VENNA?

A

men’s rea for assault requires either intention or recklessness as to causing V to apprehend immediate and unlawful force.

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