An act Flashcards

(3 cards)

1
Q

What does the actus reus of an assault require?

A

The actus reus of assault requires a positive act by the defendant, meaning that an omission alone is generally not sufficient to constitute assault.

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2
Q

What may the defendants conduct consist of?

A

The defendant’s conduct may consist of words, actions, or gestures that cause the victim to apprehend immediate unlawful force.

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3
Q

What are case examples of an act?

A

For example, threatening letters may amount to assault if they cause the victim to anticipate violence, as recognised in R v Constanza.

Similarly, even silent telephone calls may constitute assault if they cause the victim to apprehend immediate unlawful force, as established in R v Ireland.

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