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Offences against the person
Assault
This offence is not defined by statute as it is a common law offence. The act merely gives detail of sentencing.

AR: `Any act whereby the D causes the V to apprehend immediate force'.
Act: an assault requires an act.
Fagan V Metropolitan Police Commissioner…

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appealed on the basis that the office was not acting in the execution of his duty, and was acting unlawfully by
holding D arms as the office was not arresting her. Court held that the officer had committed a better and D was
entitled to free herself.
Even touching a…

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the person of another should be outside the criminal law of assault. In many cases the dividing line between
intention and recklessness is barely distinguishable.'
The test for recklessness is subjective. For an assault the D must realise there is a risk that his acts could cause
another to fear…

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Saunders (1985) it was held that a direction to the jury which referred only to `serious harm' was not a
misdirection.
Bollom (2003) : CA held that the age, health or other factors relating to the victim could be taken into
consideration when considering what constituted GBH.
Burstow (1997): V…

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