ASSAULT
- Created by: abic1
- Created on: 23-02-18 16:00
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- ASSAULT
- s39 CRIMINAL JUSTICE ACT 1988
- intentionally or recklessly causes the victim to apprehend immediate unlawful violence
- actus reus: cause the victim to apprehend immediate unlawful violence
- Apprehend
- victim must be aware that violence will be carried out, does not have to be scared
- victim does not apprehend = no assault LAMB
- victim apprehends = assault LOGDON
- Immediate
- taken to mean imminent not immediate
- fear of what will happen next = assault SMITH
- "in a minute or two" IRELAND
- Apprehend
- mens rea: intentionally or recklessly commit the actus reus
- Intention
- defendant's main aim was to bring about the consequence MOHAN
- Recklessness
- defendant foresees a risk of consequence but takes it anyway CUNNINGHAM
- no mens rea if defendant didn't intend or foresee a risk of the consequence LAMB
- Intention
- maximum sentence: 6 months prison, unlimited fine
- no force needs to be applied
- victim does not have to be scared
- words alone can constitute an assault CONSTANZA
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