Assault and Battery (S.39 CJA 1988)
- Created by: si1121
- Created on: 26-01-22 19:46
Assault is the defendant causes the victim to inflict apprehend immediate the unlawful force on his person.(Collins v Willcock)
The Actus Reus of assault:
1.An act:
-Assault is included some act or words that is positive, it cannot be an omission.
-Constanza(1997):explained words such as written letters can constitute an assault.
-R v Ireland(1997): slience can constitute an assault.
-Tuberville v Savage(1669):words can negate an assault.
2.Apprehend:
It must be proved that the victim expected or anticipated force from the defendant following the act.
-DPP v Logdon (1976):This case tell us where the victim apprehends immediate unlawful personal violence an assault will be committed even if there was no actual threat.
3.immediate:
Immediate means ''imminent''-in the near future.
-Smith V Chief…
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