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8 Cards in this Set
- Front
- Back
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What is the actus reus of assault?
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the D must cause the V to apprehend immediate, unlawful personal violence
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What was held in Logdon v DPP?
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the D committed an assault by showing his V a pistol in a drawer and declaring he would hold her hostage.
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What was held in Smith v Superintendent of Woking Police?
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D had committed an assault by looking at the V in her nightwear through a window, intending to frighten her.
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What was held in R v Ireland?
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that an assault maybe committed by words alone, in this case silent phone calls
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what is the position where the D has no means of carrying out the threat?
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this is still an assault, providing the V believes that they can and will carry it out
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what was held in Constanza?
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there had been assault when the V read the letters which had been sent by a stalker and interpreted them as threats there was a 'fear of violence at some time not excluding the immediate future.'
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What is the mens rea for an assault?
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intention or subjective recklessness as to causing the victim to apprehend immediate unlawful personal violence
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What is the maximum sentence for an assault s.39?
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6 months or £5,000 fine
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