Non Fatal offences- Assault Flashcards

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1
Q

Definition of assault

A

An act that cause the D to apprehend immediate unlawful force
Lord Goff- COLINS V WILCOCK

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2
Q

Actus Rea of Assault
Part 1

A

The D must do an act, which can be words, gestures,
Silence- IRELAND

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3
Q

Assault Side Rule
Part 1

A

Sending letters, emails or text messages can be an act
CONSTANZA

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4
Q

Actus Rea of Assault
Part 2

A

The act must cause the V to apprehend force
Subjective
LAMB- the v must believe the the threat was re or genuine

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5
Q

Assault Side Rule
Part 2

A

Even if the D meant the threat as a joke it is still assault if the v was sufficiently frightened
LODGEN

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6
Q

Actus Rea of Assault
Part 3

A

The threat of force must be immediate
Subjective
The v must have Believed the threat was immediate
SMITH V CHIEF SUPERINTENDENT OF WORKING POLICE

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7
Q

Assault Side Rule
Part 3

A

Words my cancel out an assault
The D make it clear, by their choice of words that there is no real threat
TUBERVILLE V SAVAGE

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8
Q

Mens Rea of assault

A

Intention (MOHAN)
Recklessness (CUNNINGHAM)
Causes the V to apprehend immediate unlawful force
VENNA

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