Non Fatals- Assault Flashcards

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1
Q

AR of assault

A

Causing V to apprehend immediate unlawful violence

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2
Q

MR of assault

A

Intentionally or recklessly causing the AR

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3
Q

Where is the law on assault defined

A

Common law

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4
Q

Act D is charged under for assault

A

S.39 criminal justice act

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5
Q

Category of offence

A

Summary

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6
Q

Maximum sentencing

A

6 month and a £5000 fine

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7
Q

Ireland and burstow

A

D’s made a lot of phone calls to different women remaining silent when they answered. Held that an assault can consist of any act causing v to apprehend an immediate application of force. Guilty, ar complete as d caused psychological damage

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8
Q

Read v Coker

A

D and his man surrounded v and threatened to break his neck if he didn’t leave . Guilty it was an assault the condition attached to threat wasn’t enough to nullify it. AR complete as d caused v to apprehend

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9
Q

Lamb

A

D and V playing with a revolver D pointed the gun at V pulled the trigger killing V he thought it wouldn’t fire. Not guilty no assault, as V didn’t apprehend immediate violence as he thought it was safe

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10
Q

Ramos

A

D distributed racist letters threatening a bomb attack. Initially acquitted due to lack of immediacy, decision revered on appeal as the key point was D’s fear. AR complete, letters caused apprehension

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