ASSAULT

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Define Assault
Assault is a non touching offence - although it is a common law offence, so isn't defined by statute.
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Summary, Either-way or indictable?
Summary
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Which court is it heard in?
Magistrates
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Maximum sentence?
6 months, £5000, 40-300 hours community service
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Which Act covers sentencing?
S39 of the Criminal Justice Act 1988
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What is the Actus Reus for assault?
APPREHEND (Logdon) IMMEDIATE (Ireland, Burstow, Constanza) UNLAWFUL VIOLENCE (Tuberville)
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What can words do?
Negate an assault.
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What is the Mens Rea for assault?
Intention to cause another to fear/apprehend immediate, unlawful personal violence or recklessness as to whether fear was caused.
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Other cards in this set

Card 2

Front

Summary, Either-way or indictable?

Back

Summary

Card 3

Front

Which court is it heard in?

Back

Preview of the front of card 3

Card 4

Front

Maximum sentence?

Back

Preview of the front of card 4

Card 5

Front

Which Act covers sentencing?

Back

Preview of the front of card 5
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