Assault model ao1 0.0 / 5 ? LawCriminal lawA2/A-levelOCR Created by: __JessCreated on: 19-02-23 16:26 Assault is defined in... Section 39 of the CJA 1988 1 of 14 Actus reus To cause the victim to apprehend immediate and unlawful personal violence 2 of 14 Apprehend The victim must be aware that they are about to be subjected to violence 3 of 14 If the victim does not apprehend violence, there is no assault (case) R v Lamb 4 of 14 If the victim apprehends violence, despite there being no actual threat, there is an assault (case) R v Logdon 5 of 14 Immediate Threats of future violence will not amount to an assault 6 of 14 If the time of attack is indefinite, but the victim still fears that violence could happen imminently, there is an assault (case) Smith v Chief Constable of Woking Police 7 of 14 Three lawful reasons Reasonable punishment of a child, self-defence/crime prevention, and victim's consent 8 of 14 Violence can be silence (case) R v Ireland 9 of 14 Violence can be words (case) R v Constanza 10 of 14 An assault can be negated by words (case) Tuberville v Savage 11 of 14 Mens rea Intent or recklessness as to the assault 12 of 14 Subjective recklessness (definition) The defendant was aware of the risk but took it anyway 13 of 14 Subjective recklessness (case) R v Cunningham 14 of 14
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