Assault

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16 Terms

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What is Assault?
Any act that makes the victim apprehend immediate and unlawful violence with intention or recklessness that the victim would apprehend immediate and unlawful violence
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Actus Reus
Any act that makes the victim apprehend immediate and unlawful violence
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Any Act
An act could be a gesture, words or action and words can be verbal or written
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Any Act (Case)
R v Constanza
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Makes the Victim Apprehend Violence
Apprehend → To await fear or anxiety
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Immediate Violence
Immediacy is proven if V apprehended the possibility of an immediate attack
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Immediate Violence (Case)
R v Ireland
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Unlawful Violence
Violence is always unlawful unless there is a lawful reason for it (consent, self-defence, police officer arresting suspect)
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Mens Rea
Intention or recklessness that the victim would apprehend immediate and unlawful violence
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Intention
A decision by D to bring about a prohibited consequence; it is a deliberate act
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Intention (Case)
R v Mohan
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Recklessness
A conscious risk
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Recklessness (Test)
Cunningham Test


1. D realised there was a risk
2. D decided to take the risk anyway
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What Act is Assault Under?
S39 Criminal Justice Act 1988
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What is the Maximum Sentence for Assault?
6 Months Imprisonment or ÂŁ5000 Fine
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What Type of Offence is Assault?
Summary Offence