Assault

Question 1

Assault Prima Facie Elements

Answer 1

1. Act is volitional
2. Intent to cause harmful/offensive contact, OR
3. Intent to cause apprehension of said contact, AND
4. Other is put in imminent apprehension of said contact

Question 2

Beach (1853): Interpret events = reasonable, apprehension is what victim perceives

Answer 2

Court states: “It doesn’t matter that Hancock knew the gun was unloaded, b/c Beach would have no way to know that and reasonably believed it was and he was about to be seriously harmed.”

Question 3

Requirement for Sufficient Apprehension

Answer 3

1. Must be imminent (Reasonably “about to occur”)

2. Cannot be a “step”, even intended, towards future contact.

Question 4

Read (England 1853): When combination of present factors = reasonable apprehension

Answer 4

Court states; “When Corker brought intimidating men to surround Read and began making threats, Read was reasonably fearful of imminent harmful contact.”