Assault

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  • Created by: Edward
  • Created on: 22-02-16 11:10
Fagan v MPC (1969)
Assault involves intentionally and recklessly causing a person to apprehend immediate and unlawful personal violence
1 of 9
Lamb (1967)
Where there is no apprehension, there is no assault-e.g. V thought there was no bullet in gun, thus, no apprehension
2 of 9
Ireland and Burstow (1998)
An assault may be committed by words alone
3 of 9
Tuberville v Savage (1669)
‘If I were not assized time, I would not take such language from you’-no assault; there was no intention to assault, thus, the victim could not have apprehended immediate personal violence
4 of 9
Read v Coker (1853)
Conditional assault may constitute assault-def told V he would break his neck if he did not leave work premises
5 of 9
Smith (1983)
Despite closed window between def and V, there was a sufficient apprehension of immediate and unlawful violence
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Costanza (1997)
There could be an assault where the apprehension was of violence ‘at some point not excluding the immediate future’
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Ireland and Burstow (1998)
Immediacy requirement may be satisfied in case of silent caller, as V may fear that the caller is outside the door
8 of 9
Fagan (1969)
The assault must be a positive act not ommision
9 of 9

Other cards in this set

Card 2

Front

Where there is no apprehension, there is no assault-e.g. V thought there was no bullet in gun, thus, no apprehension

Back

Lamb (1967)

Card 3

Front

An assault may be committed by words alone

Back

Preview of the back of card 3

Card 4

Front

‘If I were not assized time, I would not take such language from you’-no assault; there was no intention to assault, thus, the victim could not have apprehended immediate personal violence

Back

Preview of the back of card 4

Card 5

Front

Conditional assault may constitute assault-def told V he would break his neck if he did not leave work premises

Back

Preview of the back of card 5
View more cards

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