Assault

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  • Created by: Sean
  • Created on: 02-04-12 17:27

Assault

 General Infomation

  • Assault comes under section 39 of the Criminal Justice Act 1988.
  • The actus reus of assault is any act which makes a person feel as though unlawful physical violence is going to be applied unto them.
  • The mens rea for assault must be to intend to cause the victim to fear immediate personal violence or to subjectivley recklessly cause this fear.

Cases

Tuberville v Savage- In this case the defendant said that if it was not peace time I would strike you with my sword, as the fear of violence onto the victim was not an immediate threat…

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