686204
Description
Flashcards by disco.monkey, updated more than 1 year ago
|
Created by disco.monkey
about 10 years ago
|
|
| Question | Answer |
| 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 |
Want to create your own Flashcards for free with GoConqr? Learn more.