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