Non-Fatal Offences Case Law

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Assaults Battery ABH - S.47 GBH - S.20 & S.18
sarymazza
Flashcards by sarymazza, updated more than 1 year ago
sarymazza
Created by sarymazza over 8 years ago
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Question Answer
Assault Where D intends of is subjectively reckless to cause V to apprehend immediate and unlawful force: IRLAND
Assaults - Actus Reus By an act or words d causes V to apprehend immediate unlawful force.
BURSTOW Words alone can amount to an assault
LOGDON v DPP V has to be aware that something violent is about to happen
SMITH v SUPERINTENDENT OF WORKING POLICE STATION & IRLAND There must be and apprehension of 'immediate' unlawful force by V It is sufficient if D does something that makes V aware that there would be an unlawful force at some point in the near future THROUGH A CLOSED DOOR - SMITH... TELEPHONE CALL - IRLAND
LAMB There is no assault if it is obvious that there will be no immediate unlawful force
TUBERVILLE v SAVAGE Words indicating that there will be no immediate and unlawful force can prevent an act from being an assault
Assaults - Mens Rea VENNA Either intention of subjective recklessness as to causing V to apprehend immediate unlawful force
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