Assault cases Flashcards

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1
Q

Definition of assault

A

An act which causes the victim to apprehend the infliction of immediate unlawful force with the intention to cause the victim to apprehend infliction of immediate unlawful force or recklessness to whether such force is feared (Collins v Wilcock)

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2
Q

What assault is sentenced under?

A

S.39 of the Criminal Justice Act 1988

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3
Q

An act can be words written or spoken

A

R v Constanza

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4
Q

An act can be a persons conduct

A

Stevens v Myers

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5
Q

An act can be silence

A

R v Ireland

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6
Q

Must apprehend immediate unlawful force

A

Stevens v Myers

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7
Q

No assault if no unlawful force is apprehended

A

R v Lamb

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8
Q

Immediate can mean imminent

A

Smith v Chief Constable Woking Police

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9
Q

Words indicating there will be no violence may prevent the act from being an assault

A

Tuberville v Savage

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10
Q

Negating an assault- Depends on circumstances whether assault or not

A

R v Light

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11
Q

Factual causation

A

But for the defendant’s actions would the victim have suffered the same consequence

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12
Q

Factual causation- No (liable)

A

R v Pagett

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13
Q

Factual causation- Yes (not liable)

A

R v White

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14
Q

Legal causation- De minimus principle

A

R v Hughes

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15
Q

Legal causation- Operative and significant cause

A

R v Smith

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16
Q

Intervening acts- Acts of the third party

A

R v Jordan

17
Q

Intervening acts- victims own actions

A

R v Roberts

18
Q

Mens rea- direct intention

A

R v Mohan

19
Q

Mens rea- indirect intention

A

R v Woolin
R v Moloney

20
Q

Recklessness

A

R v G and R

21
Q

Threat classed as a bad joke= no assault

A

Chambers v DPP