Assault

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Actus reus
'an act that causes apprehension of immediate unlawful violence'
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What case defines AR of assault
Collins v Wilcocks
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words alone are sufficient for an assault - case
Constanza (threatening phone calls)
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has to be an act. No act in
Arobekie (looking through train window)
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Silence can be an assault case
Burstow (silent phone calls)
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What case does this override
Meade and belt (no words = no assault)
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What prevents an act from being an assault
Words spoken by the defendant if the words ensure the accused isnt intending to cause harm suggested by his conduct
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Case to support this
Turberville V Savage (if it were not for assize time)
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If V doesnt believe force would be applied =
no assault
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Case
Lamb (boy thought gun was not loaded)
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Does an assault have to be immediate
No
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case
R V constanza (abusive phone calls) at some time V feared force
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can also be immediate case
Smith V woking police (man looking at lady through her window)
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Factual causation
'but for the defendants actions the incident would not have happened
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Case
Fagan (ran over police mans foot)
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Legal Causation
is the defendant the significant cause of the result
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case
Cheshire (fish and chip shop dispute where man was shot in leg)
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Stalking case
Ireland
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What did lord styne state
Possibility of immediate, personal violence
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Psychological damage =
Can be developed through an assault
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Mens rea of assault =
intention to cause that apprehension or recklessly causing that apprehension of unlawful force'
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case
Venna
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Intentio 2 types
Direct or oblique
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Direct =
D aim or purpose (Mohan)
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Oblique
D foresaw that he would cause the consequence
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Case
Woolin (virtually certain)
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Cunningham recklessnes =
the taking of an unjustifiable risk (D tore gas meter off wall)
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Confirmed in
Savage
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Other cards in this set

Card 2

Front

What case defines AR of assault

Back

Collins v Wilcocks

Card 3

Front

words alone are sufficient for an assault - case

Back

Preview of the front of card 3

Card 4

Front

has to be an act. No act in

Back

Preview of the front of card 4

Card 5

Front

Silence can be an assault case

Back

Preview of the front of card 5
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