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5 Cards in this Set
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Assault
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A deliberate attack upon another person, whether or not actual injury is inflicted. Cannot be done recklessly. There is no need for injury. Can also be indirect.
AR- attack of any sort; not verbal. Gestures/menaces can be assualt. MR - Evil intent or transferred intent. |
Mere words cannot constitute an 'attack' - MacKellar v Dickson 1898
Gestures constitute assault; Atkinson v HMA 1987 Evil Intent - Smart v HMA 1975 Transferred Intent - Connor v Jessop 1988 |
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Aggravated Assault - Common Law Aggravations -
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(1) Method of preparation ie weapon
(2) Seriousness of injury (3) Place of assault ie own home (4) Lewdness or indecency (5) Relationship between accused and victim (6) Victims character of official capax (7) Intent to commit a further crime |
Seriousness of Injury - HMA v Booth 2005
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Aggravated Assault - Statutory Aggravations
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Customs and Excise Officers P
Police Officers Racial Aggravation |
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When Violence Does Not Amount to An Assault
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By virtue of office (ie bouncers) - when violence is reasonable
In furtherance of justice - police officers Citizens arrest Chastising Children |
Bouncers - HMA v Harris 1993
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Defences to Charge of Assault
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Self defence (of people)
Defence of property Consent of victim Consent and Indecency Consent to Medical Examinations Violence in Sports Provocation |
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