Assult Flashcards

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1
Q

Defintiom of assault

A

Fagans v mpc
An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immeadiate unlawful personal violence

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2
Q

Ar assault stage 1

A

Apprehend
(R v Lamb) doesn’t matter if no fear, just have to know violence is coming
(Logdon v dpp) as long as apprehend no need for actual threat or violence
(R v constanza) words
(R v ireland) silence
(Tuberville v savage) words negate

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3
Q

Ar assault stage 2

A

Immediate
(Smith v cc woking)
Doesn’t have to be immediate as long as don’t know what will happen next

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4
Q

Ar assault stage 3

A

Unlawful
No lawfully excuse eg consent or prevention of crime/self defence

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5
Q

Ar assault stage 4

A

Personal violence
Need only apprehend technical battery level force

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6
Q

Mr assault

A

Intention or recklessness to cause victim to apprehend immeadite unlawful personal violence (R v Parmenter)

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