Non Fatals- Assault Flashcards Preview

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Flashcards in Non Fatals- Assault Deck (10)
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1

AR of assault

Causing V to apprehend immediate unlawful violence

2

MR of assault

Intentionally or recklessly causing the AR

3

Where is the law on assault defined

Common law

4

Act D is charged under for assault

S.39 criminal justice act

5

Category of offence

Summary

6

Maximum sentencing

6 month and a £5000 fine

7

Ireland and burstow

D’s made a lot of phone calls to different women remaining silent when they answered. Held that an assault can consist of any act causing v to apprehend an immediate application of force. Guilty, ar complete as d caused psychological damage

8

Read v Coker

D and his man surrounded v and threatened to break his neck if he didn’t leave . Guilty it was an assault the condition attached to threat wasn’t enough to nullify it. AR complete as d caused v to apprehend

9

Lamb

D and V playing with a revolver D pointed the gun at V pulled the trigger killing V he thought it wouldn’t fire. Not guilty no assault, as V didn’t apprehend immediate violence as he thought it was safe

10

Ramos

D distributed racist letters threatening a bomb attack. Initially acquitted due to lack of immediacy, decision revered on appeal as the key point was D’s fear. AR complete, letters caused apprehension