non fatals - comon assault and battery

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7 Terms

1
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what’s the definition of assault

an act buy the defedant ehivh causes the victim to apprehend the inflcition of some immediate unlawful force or violence that is intended or be reckless to cause the result

2
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explain the first paragraph- cases

an assault rquires some act or words r v constanza proves that wwritten worlds alone could amlunt to assault due to the fear of violence they pose

can be indirect - r v dumb it was an assault for setting ana animal on him

3
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explain second parahrapgh cases

the act must cause the victim to apprehend that immediate force is going to be used against them r v lamb- no unlawful act as no assault had been commited, the victim did not believe the gun would go off therefore didnt apprehend immediate violence

4
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explain third paragrapgh and cases

the victim j must not have known what the defedant was goin gto do next but whatever he was going to do was to be of a violent nature smith v superintendent of woking police station r v lights

5
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explain paragraph four

ur assault requored threat of unlawful force but the threst may be lawful in some cirmcstances foe example consent duresss self defence .

6
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explain paragraph five

prove wether the d mens rea was reckless in caug the victimul violence r v collins to apprehend immediate unlawful violence

direct intent- r v Mohan - d brought about an aim purpose and decision

subjective reckleness - r v g- d was aware of the risk and it was unresonablw to take the risk

7
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