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Cases
Criminal
Common Assault
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Created by
charlotte brown
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Cards (16)
Common assault covers both assault and battery
Lyndsey
A positive act could be: verbal/written words
Contstanza
A positive act could be: silent phone calls
Ireland
A positive act could be: spitting with or without violence
Misalati
'Apprehending violence' can be a general awareness of immediate violence
Smith
Fear can arise from a fake pistol
Logdon
Fear cannot arise from pointing a gun at someone who knows it's not loaded
Lamb
Words can negate a threat if they indictate no violence
Savage
There is no need for actual violence
Ireland
Racist letters threatening bombing is enough to cause fear of immediate unlawful violence
Ramos
MR can be subjective recklessness
Cunningham
,
Logdon
MR can be direct intent
Mohan
Battery can be 'any touch, however slight' if it goes beyond everyday conduct
Collins
Battery can be an indirect act
DPP v K
Battery can be a continuing act
Fagan
Battery can be an omission
Santa-Bermudez