non-fatal offences- assault Flashcards

(6 cards)

1
Q

where was assault defined

A

section 39 of the criminal justice act

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2
Q

assault is…

A

an intentional or reckless act that causes the apprehension ( fear) of the infliction of immediate unlawful force (nelson)

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3
Q

actus reus

A

an act that causes the apprehension(fear) of the infliction of immediate unlawful force

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4
Q

what kind of actions can be assault

A

act/gesture(logdon )
words(constanza)
calls/stalking(ireland,burstow)

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5
Q

additional rules in AR

A
  • words may negate the force( ruberville v savage)
  • must cause fear( lamb)
  • must be immediate (smith v chief superintendent woking police station)
    IF RELEVANT- may be indirect FEAR (dune)
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6
Q

mens rea

A

direct or reckless intent as to causing the apprehension of the infliction of immediate unlawful force.
intent can be direct(mohan) or reckless (cunningham)

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