Non-Fatal Offences Against the Person (OCR A-Level Law): Flashcards

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Common Assault – Assault
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Legal definition of assault

Causing apprehension of immediate unlawful personal violence

Assault vs battery difference

Assault is threat; battery is actual force

Statute for assault offence

Section 39 Criminal Justice Act 1988

Max sentence for assault

Six months imprisonment

Meaning of 'apprehend' in assault

Aware violence coming; need not be afraid

R v Lamb (1967) principle

No assault if victim doesn't apprehend violence

Meaning of 'immediate' in assault

Victim doesn't know what defendant will do next

Forms assault can take

Actions, words, or silence

Mens rea for assault

Intention or recklessness

What 'unlawful' means in assault

Absence of legal justification/valid defence

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