Assault Flashcards

1
Q

What section is the common law on common assault charged under

A

Section 39 of the criminal justice act 1988

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2
Q

What is the definition of assault?

A

An intentional or reckless act which causes a person to apprehend (fear) the infliction of immediate unlawful force as in NELSON

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3
Q

What is the actus reus of assault?

A

Is an act causing the apprehension fear of the infliction of immediate unlawful force

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4
Q

What case defined the apprehension fear was of the infliction of immediate unlawful force

A

SMITH v CHIEF SUPERINTENDENT OF WOKING POLICE STATION

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5
Q

What is the MR of assault?

A

Is intention or subjective recklessness as to causing someone fear apprehend unlawful force as in VENNA

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