8820528
Description
Mind Map by Yasmine King, updated more than 1 year ago
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Created by Yasmine King
almost 7 years ago
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Assault
- actus reus- causing a victim to apprehend immediate unlawful force
- apprehend
- to expect or to anticipate
- DPP v Logdon
- v went to D's home to collect unpaid taxes. D opened a draw amd revealed a gun that was fake. V thought it was real
- A victim can still apprehend unlawful force, even if it was impossible for that force to be carried out
- v went to D's home to collect unpaid taxes. D opened a draw amd revealed a gun that was fake. V thought it was real
- to expect or to anticipate
- immediate
- straight away or in the near future
- Smith v Chief Constable of Woking
- D went to v's home late at night stood outside her bedroom window and
stared in a while she was getting ready for bed
- immediate does not necessarily mean straight away it has
broader meaning of 'in the near future'
- D went to v's home late at night stood outside her bedroom window and
stared in a while she was getting ready for bed
- straight away or in the near future
- things done
- Read v Coker
- D's went to v's premise to collect a debt. They surrounded v. They
rolled up their selves and made fists v assumed D's would attack him
- Gestures/ actions can be an assault
- D's went to v's premise to collect a debt. They surrounded v. They
rolled up their selves and made fists v assumed D's would attack him
- Read v Coker
- things said or written
- R v Ireland
- D was guilty of assault after making lots of
unwanted telephone calls when they were answered
there was silence
- Even silence can be assault, spoken words can be assault
- D was guilty of assault after making lots of
unwanted telephone calls when they were answered
there was silence
- R v Constanza
- D sent over 800 letters to the victim. Some had threats within them
- Written words can be assault
- D sent over 800 letters to the victim. Some had threats within them
- Tuberville v Savage
- Words can negate what would
otherwise have been an
assault
- D placed hand on his sword and said "If it were not assize time, I would
run you through the middle". D's conduct did not amount to assault
- Words can negate what would
otherwise have been an
assault
- R v Ireland
- apprehend
- mens rea, either intention or recklessness as to cause v to
apprehend immediate unlawful force
- R v Mohan
- Intention is where a defendant decides to bring about a prohibited consequence
- Intention is where a defendant decides to bring about a prohibited consequence
- R v Cunningham
- Is where D realises there is a risk but carries on regardless
- Is where D realises there is a risk but carries on regardless
- R v Mohan
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