Assault

Question 1

What is Assault?

Give a basic example

Answer 1

An intentional act that threatens violence of produces in the claimant a reasonable expectation of unlawful force

A threatens to hit B

Question 2

What happened in the case of Stephens v Myers (1830)

Hint: Parish council meeting

Answer 2

Defendant and claimant were at a local parish council meeting when the defendant was voted to leave after being too aggressive. He then threatened to drag the Claimant from his chair while approaching him before being escorted out

Courts held that it was an assault as the claimants fear of immediate unlawful force was reasonable

Question 3

What happened in the case of Tuberville v Savage (1669)

Answer 3

Defendant blinded the claimant by poking his sword into the claimants eye. Case rested on whether the claimant had previosuly assaulted the defendant. The claimant had stated “If it were not a size time i would not take such language from you” while placing his hand on his sword

Courts held that the claimant did not commit assault as the words he had spoken made clear that no violence would be inflicted

Question 4

What happened in Thomas v National Union of Miners (South Wales Area) (1986)?

Answer 4

Defendant was a miner who was on a bus being harrased by picketers and having objects thrown at it.

Courts held that the defendant would not reasonably fear immediate unlawful force as the bus had a protective mesh and the police were protecting the bus

Question 5

R v Ireland; R v Burstow (1998) AC 147

Answer 5

Defendant’s made numerous silent telephone calls to claimants and in both cases psychiatrists proved they suffered from mental illness following the incidents

The courts held that silent telephone calls could amount to an assault it may cause the victim to apprehend immediate and unlawful violence