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Law Paper 1 > NON FATAL OFFENCE Assault > Flashcards

NON FATAL OFFENCE Assault Flashcards

1
Q

Definition for assault

A
  • Common Law Offence
  • IRELAND- D intentionally or recklessly causes the victim to apprehend immediate and unlawful violence
  • Recognised in S.39 Criminal Justice Act 1988
  • Summary offence - maximum sentence 6 months imprisonment and or a fine
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2
Q

First step for assault

A

Actus Reus - ACT

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3
Q
  1. Actus Reus- ACT
A
  • Can be actions, words, gestures or silence
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4
Q

Cases for an act in first step

A

CONSTANZA - Written words alone

IRELAND - Words enough for assault

IRELAND - Silence amount to assault

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5
Q

Second step for assault

A

Actus Reus - APPREHEND

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6
Q
  1. Actus Reus- APPREHEND
A
  • What the victim thought was going to happen- expectation / anticipation
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7
Q

Cases for apprehend

A

LAMB- if V doesn’t apprehend immediate force, assault has not been committed

LOGDON- doesn’t matter if d made his threat as a joke if V believed him

TUBERVILLE v SAVAGE - Words can prevent an assault if they indicate d is not intending to cause harm - V would not be apprehending

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8
Q

Third step for Assault

A

Actus Reus- IMMEDIATE

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9
Q
  1. Actus Reus- IMMEDIATE
A
  • V was expecting the violence straight away
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10
Q

Cases for immediate violence

A

SMITH v CHIEF SUPERINTENDENT OF WOKING POLICE STATION - immediate does not need to be instantaneous but must be imminent

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11
Q

Fourth step for Assault

A

Actus Reus - UPV (unlawful personal violence)

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12
Q
  1. Actus Reus - UPV
A
  • Is what the victim is apprehending some form of unlawful violence
  • Must be unlawful due to lack of consent
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13
Q

Fifth step of Assault

A

Actus Reus- CAUSE

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14
Q
  1. Actus Reus- CAUSE
A
  • Factual Causation - the consequence would not have happened ‘but for’ D’s act - WHITE/PAGETT
  • Legal Causation - D’s act must be the operating and substantial cause of V’s injuries - SMITH
  • NAI by 3rd party - JORDAN
  • NAI by victim - ROBERTS / WILLIAMS
  • Thin Skull- BLAUE
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15
Q

Sixth step for Assault

A

Mens Rea

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16
Q
  1. Men’s Rea
A
  • Intend or subjectively reckless to cause v to apprehend immediate unlawful force
17
Q

Case for men’s rea

A

SAVAGE- intention or subjective recklessness to cause the victim to apprehend unlawful and immediate violence

Law Paper 1 (11 decks)

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