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Slide 1

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Non-fatal offences against the
Common Assault…read more

Slide 2

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Common Assault
Can be done in two ways:
· Battery
· Assault
· These are both common law offences with a
maximum sentence of 6 months
imprisonment or a £5000 fine…read more

Slide 3

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· Is defined as ` an act which causes the victim
to apprehend immediate, unlawful force with
the intention to cause fear of immediate
unlawful force...or to be reckless in causing V
to apprehend...'…read more

Slide 4

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Actus Reus of assault
· An act
· Which causes V to apprehend immediate,
unlawful force…read more

Slide 5

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`An act'
· Requires an act meaning that an omission is
not sufficient
· Contanza (1997) shows that letters/words
amount to an act
· Ireland (1997) shows that silent phone calls also
amount to an act…read more

Slide 6

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`Apprehend immediate, unlawful force'
· There is no assault if it is obvious that D cannot
actually use force.
Lamb (1967)- it was held that pointing an unloaded
gun at someone who knows that it is unloaded is not
an assault, because the V does not fear force.
However, if that person thought the gun was loaded
then there would have been fear, therefore an
Smith (1983)- `immediate' force does not mean
instantaneous, it mean `imminent'.…read more

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Slide 8

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Slide 9

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Slide 10

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