• Created by: __Jess
  • Created on: 06-02-23 18:46
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  • Assault
    • Actus reus
      • An act which causes the victim to apprehend immediate and unlawful violence
        • "Apprehend"
          • If the victim does not anticipate violence there is no assault
            • R v Lamb
          • If the victim apprehends violence but there is no real threat, it is still assault
            • R v Logdon
          • Words can amount to an assault
            • R v Constanza
            • Words can also negate an assault
              • Tuberville v Savage
          • Silence can amount to an assault
            • R v Ireland
        • "Immediate"
          • Even if the crime is not imminent, if the victim fears any indefinitely immediate violence, it is assault
            • Smith v Chief Constable of Woking Police
        • "Unlawful"
          • If the defendant has a lawful excuse it will not be an assault
            • Reasonable punishment of a child
            • Victim's consent
            • Self-defence or prevention of a crime
        • "Personal violence"
          • Any touching will suffice
    • Mens rea
      • Intent
      • Recklessness
        • Subjective recklessness applies
          • Is the defendant aware of the risk and does he take it anyway?
            • Cunningham
        • R v Parmenter


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