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Common Law Offences (but recognised in section 39 of the CJA 1988 as summary offences)

Assault: AR – The D must cause the V to apprehend Immediate Unlawful Physical Violence.( as confirmed in R v Burstow) R v Ireland – silent phone calls, R v Constanza - letter, R v Lamb no assault, R v Logdon - replica gun, words can negate assault, R v Tuberville v Savage, Smith v CS of WPS what V fears is important.

MR – I or R as to the V’s fear of Immediate Unlawful Physical Violence. R v Savage and R v


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