Created by theresa.upperton
over 10 years ago
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Copied to Note by theresa.upperton
over 10 years ago
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intentionSavage: 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 threatsGreaves: (threatened police officer with knife) can be assault
assault
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