Assault - non fatal offences

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  • Created by: Philip
  • Created on: 29-04-13 09:51
Which act governs Assualt
s.39 cja 1988
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Is it a basic intent crime ?
yes
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what is a basic intent crime
if commited when d is drunk then he is considered as doing it recklessly
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what is the AR of assault
Act which causes V to apprehend immediate unlawful force
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What is the Mr of assualt
intentionally or subjective reckless as to causing another to apprehend immediate personal violence
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Words are sufficient for an assualt , verbal or written as there was fear of violence at some point
Constanza
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Silent phone calls can be an assualt
Ireland
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Lamb's ratio?
pointing an unloaded gun at someone who knows that it is not loaded is not an assualt as there is no fear of violence
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Smith ratio?
Immediate does not mean instantanious but immenent , v was frightened of d peeping through the window didnt know what he was going to do next
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Tuberville and Savage ratio ?
Words indicating there will be no violence may prevent an act from being an assualt
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Light ratio ?
Words not enough to negate violence in the circumstance was going to be used on her
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Majewski ratio?
getting drunk and taking drugs is a reckless course of conduct sufficient for mens rea of assualt
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Max punishment for assualt ?
6 months imprisonment or a fine of £5000 or both
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Card 2

Front

Is it a basic intent crime ?

Back

yes

Card 3

Front

what is a basic intent crime

Back

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Card 4

Front

what is the AR of assault

Back

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Card 5

Front

What is the Mr of assualt

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