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ASSAULT, Not straight away., Within a reasonable amount of time., Not…
ASSAULT
AN ACT
IMMEDIATE
APPREHEND
UNLAWFUL VIOLENCE
MENS REA
WHERE DOES IT COME FROM?
DEFINITION
Not straight away.
Within a reasonable amount of time.
Not immediate if D is far away or the violence is too far into the future.
NOT an Omission (Failure to do something)
Awareness of violence
Smith V Supt. Of Woking : General awareness was enough.
Logdon : Even a joke makes V aware of violence.
Lamb : No awareness of violence when it is a joke.
No contact between D and V.
Words or Gestures.
Ireland : Silent phone calls and words.
Constanza : Threatening, abusive and insulting letters.
Intention or subjective recklessness to do the AR (Savage)
S.39 Criminal Justice Act 1988
Intentionally or recklessly do an act which makes V apprehend immediate unlawful violence.