Non-Fatal Offences Against the Person (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
What does assault focus on?
What does assault focus on?
Apprehension of violence, not actual violence
Assault classification
Assault classification
Summary offence (Magistrates' Court only)
Max sentence for assault & statute
Max sentence for assault & statute
6 months' imprisonment (s.39 Criminal Justice Act 1988)
What does 'apprehend' mean in assault?
What does 'apprehend' mean in assault?
Aware violence is coming, not afraid
R v Lamb (1967) outcome
R v Lamb (1967) outcome
No assault - victim didn't apprehend violence
Can words/silence constitute assault?
Can words/silence constitute assault?
Yes (R v Constanza & Ireland)
Tuberville v Savage principle
Tuberville v Savage principle
Words can negate assault
What does 'immediate' mean in assault?
What does 'immediate' mean in assault?
Victim doesn't know what defendant will do next
4 elements of assault actus reus
4 elements of assault actus reus
Apprehend, Immediate, Unlawful, Personal violence
Mens rea for assault
Mens rea for assault
Intention OR recklessness