Assault model ao1

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  • Created by: __Jess
  • Created on: 19-02-23 16:26
Assault is defined in...
Section 39 of the CJA 1988
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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
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If the victim does not apprehend violence, there is no assault (case)
R v Lamb
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If the victim apprehends violence, despite there being no actual threat, there is an assault (case)
R v Logdon
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Immediate
Threats of future violence will not amount to an assault
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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
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Three lawful reasons
Reasonable punishment of a child, self-defence/crime prevention, and victim's consent
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Violence can be silence (case)
R v Ireland
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Violence can be words (case)
R v Constanza
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An assault can be negated by words (case)
Tuberville v Savage
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Mens rea
Intent or recklessness as to the assault
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Subjective recklessness (definition)
The defendant was aware of the risk but took it anyway
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Subjective recklessness (case)
R v Cunningham
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Other cards in this set

Card 2

Front

To cause the victim to apprehend immediate and unlawful personal violence

Back

Actus reus

Card 3

Front

The victim must be aware that they are about to be subjected to violence

Back

Preview of the back of card 3

Card 4

Front

R v Lamb

Back

Preview of the back of card 4

Card 5

Front

R v Logdon

Back

Preview of the back of card 5
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