Assault
- Created by: __Jess
- Created on: 06-02-23 18:46
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- Assault
- Actus reus
- An act which causes the victim to apprehend immediate and unlawful violence
- "Apprehend"
- If the victim does not anticipate violence there is no assault
- R v Lamb
- If the victim apprehends violence but there is no real threat, it is still assault
- R v Logdon
- Words can amount to an assault
- R v Constanza
- Words can also negate an assault
- Tuberville v Savage
- Silence can amount to an assault
- R v Ireland
- If the victim does not anticipate violence there is no assault
- "Immediate"
- Even if the crime is not imminent, if the victim fears any indefinitely immediate violence, it is assault
- Smith v Chief Constable of Woking Police
- Even if the crime is not imminent, if the victim fears any indefinitely immediate violence, it is assault
- "Unlawful"
- If the defendant has a lawful excuse it will not be an assault
- Reasonable punishment of a child
- Victim's consent
- Self-defence or prevention of a crime
- If the defendant has a lawful excuse it will not be an assault
- "Personal violence"
- Any touching will suffice
- "Apprehend"
- An act which causes the victim to apprehend immediate and unlawful violence
- Mens rea
- Intent
- Recklessness
- Subjective recklessness applies
- Is the defendant aware of the risk and does he take it anyway?
- Cunningham
- Is the defendant aware of the risk and does he take it anyway?
- R v Parmenter
- Subjective recklessness applies
- Actus reus
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