291265
Description
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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assault
- intention
- Savage: threat to harm is enough
- 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.
- Stephens v Myers: was
stopped from pulling P out of
chair. did not have means to
carry out so not assualt
- 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
- Rix: must have
reasonable
apprehension of
imminent battery
- awareness
- Whittaker: necessary
- Kerr: (axe) not necessary
- Whittaker: necessary
- conditional threats
- Greaves: (threatened
police officer with knife) can
be assault
- Greaves: (threatened
police officer with knife) can
be assault
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