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291265
assault
Description
Mind Map on assault, created by theresa.upperton on 20/10/2013.
Mind Map by
theresa.upperton
, updated more than 1 year ago
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Created by
theresa.upperton
over 10 years ago
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Resource summary
assault
intention
Savage: threat to harm is enough
means to carry out threat
Stephens v Myers: was stopped from pulling P out of chair. did not have means to carry out so not assualt
Brady: P thought gun was loaded, wasn't. present ability OR pretended ability = assault.
P's perception
Rix: must have reasonable apprehension of imminent battery
Brady: fear of victim not material
Whittaker:(husband banged on door and said he would kill) threat of both words and an act more likely to succeed
awareness
Whittaker: necessary
Kerr: (axe) not necessary
conditional threats
Greaves: (threatened police officer with knife) can be assault
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