Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
10 Cards in this Set
- Front
- Back
|
Act and section |
Criminal Justice Act 1988 s.39 |
|
|
Definition of Assault and case |
Intentionally or recklessly cause the V to apprehend immediate unlawful personal violence (Nelson) |
|
|
AR of assault |
"cause the V to apprehend immediate unlawful personal violence." Must be act or words, no need for physical contact and can't be carried out by an omission |
|
|
What was outlined in Smith v CCWP |
Sometime in the near future. Can't be assault if it's obvious the D can't use the force |
|
|
What must the v apprehend |
The v doesn't have to believe serious violence, only unwanted contact |
|
|
What was outlined in Logdon |
The V must apprehend and it must be genuine |
|
|
What was outlined in Constanza |
Written and spoken words can be an assault |
|
|
What was outlined in ireland |
The AR can be committed with silent phone calls |
|
|
What was outlined in Tuberman V Savage? |
The D's words can negate their act becoming an assault if their words suggest no violence |
|
|
What is the MR + case |
Intention or recklessness as to causing the victim to apprehend immediate unlawful personal violence (Savage) |
