Assault

disco.monkey
Flashcards by disco.monkey, updated more than 1 year ago
disco.monkey
Created by disco.monkey over 7 years ago
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What is an assault? The defendant recklessly or intentionally causes the victim to fear immediate, unlawful violence.
What is the primary case in Assault? Ireland; Burstow [1997]
What is the Actus Reus of Assault? 1) an act 2) causing the apprehension of immediate unlawful violence.
What was the ruling in 'Constanza [1997]' Words alone are sufficient for an assault
Which case established that silence could amount to an assault? R v. Burstow [1997]
Can words prevent an assault if it is made clear that no harm is intended? Yes
Which case showed this principle? Tuberville v. Savage [1669]
What does it mean to apprehend? The 'anticipation' that harm may occur.
Which case shows 'immediacy'? Smith v. Woking Police Station'
Courts found that immediacy did not mean? instantaneously
What constitutes as Unlawful Violence? Any form of unwanted touching.
Which case illustrates this? R v. Thomas
What is the Mens Rea? The intention to make the victim apprehend unlawful violence.
Which case illustrates this? R v. Savage [1992]
This may also be caused due to the defendants..... Recklessness
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