Definition Of Assault broken down

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  • Created by: Grace
  • Created on: 10-06-11 21:10

Definitions of assault

 Assault - An assault is any act whereby D causes V to apprehend immediate unlawful force. This was estabablished in the case of Fagan V Metropolitan Police Commissioner.

It is important that the word "apprehend" is used instead of "fears" because this would make the law much too restricted on the law of assault if it had to proove that the victim was scared. The word "apprehend" simply means to be aware of something, you could apprehend force but not necessarily be scared of it.

If you are not aware of the force, then there has been no assault even if the defendent has attempted to strike the victim. If you are in a dark room and a man approaches you from behind, he is not guilty of an assault if you have not been aware of immediate force.

Also, if you apprehend force you believe able to harm you, then there is an assault even…

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