Assault

Question 1

What is the definition of assault?

Answer 1

The intentional infliction of a reasonable apprehension of direct and imminent harmful or offensive contact

Question 2

Can intent include recklessness?

Answer 2

Yes

R v Ireland

“Intentional or reckless

Question 3

What type of recklessness is allowed?

Answer 3

Subjective, did the defendants subjectively appreciate the risk of harm to the claimant and be indifferent to it

Bici v Ministry of Defence

Question 4

Does transferred malice apply the same way for assault?

Answer 4

Elias MJ - “I am far from satisfied that the doctrine of transferred malice would apply to an assault in the same way as it applies to a battery.” [80]

Bici v Ministry of Defence

Question 5

What is the reasonable apprehension of harm

Answer 5

There must, in all cases the means of carrying the threat into effect

Stephens v Myers - Tindall CJ

Question 6

Not able to to actually carry out their threats

Answer 6

Capability to put a threat into action imminently was a necessity

Thomas v National Union of Minework

Question 7

Can silence suffice

Answer 7

Yes sir

R v Ireland