Section 39 Criminal Justice Act 1988 Cases 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: AnickCreated on: 09-01-13 11:39 V was convicted of assault [Apprehension of immediate force] (Vagrant) Smith v CSWP 1 of 13 Silence can amount to an assault (Silent phone calls) R v Ireland 2 of 13 Words can amount to an assault (Letters sent to V) R v Constanza 3 of 13 Apprehension; the V thought the gun was unloaded therefore there was none. R v Lamb 4 of 13 Negation - this is an old case (Sword) Tuberville v Savage 5 of 13 Everyday contact does not amount to a battery Collins v Willcock 6 of 13 Touching clothes can amount to a battery (Janitor touched helm of girls skirt) R v Thomas 7 of 13 Contemporaneity rule - continuing act (Man ran over policeman's foot) Fagan v MPC 8 of 13 Indirect act can amount to a battery (Iron bar blocking fire escape in theatre) R v Martin 9 of 13 Indirect act can amount to a battery (Minor was convicted after an acid burn through a dryer) DPP v K 10 of 13 Indirect act can amount to a battery [Also could be transferred malice] (D punched V who was holding a baby) Haystead v CC Derby 11 of 13 A battery committed on a child is not lawful if it results in injury (D hit his son with a garden cane) A v UK 12 of 13 Drinking = recklessness can amount to assault/battery (D was drunk and attacked people in a pub including officers trying to arrest him) DPP v Majewski 13 of 13
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