Assault Flashcards
Definition
A direct and intentional act which causes another person to apprehend an immediate battery
An assault will normally precede most Battery’s but not where, for example, a person is but by a blow from behind or has a chair pulled from under him
Or the other way round- shaking a fist
Immediate violence
A threatening or frightening act will not constitute an assault unless it’s nature and the circumstances in which it occurs are such as to pit great plaintiff in fear or apprehension of immediate violence
This has been taken to mean that there must be some likelihood of the person making the threat being able to carry it out immediately
Thomas v National Union of Mineworkers (1985)
Facts- miner continuing to work during a strike by members of the NUM
They bussed into work by a large crowd who made threatening gestures and shouted threats to those on the bus
Principle- to be an assault, the threat has to be able to be taken out at the time
Contrast Thomas v NUM with Stephen v Myers (1830)
Facts- C parish meeting
People sat in between them
Wanted to expel him
“Pull the claims be out of the chair”
Clenched fist and was stopped
Principle- advancing in a threatening way- perception was reasonable
In a position to carry it out
Threatening behaviour
Threatening behaviour that he plaintiff is unaware of cannot amount to an assault
Pistol pointed- assault
If person knew it wasn’t loaded and they were well out of range then it’s not an assault
Words alone
Words not assault
To be assault they must be accompanied by a threatening act
Meades and Belts case (1823)
Meade’s and Belt’s case (1823)
Facts- defendants surrounded the victims house singing threatening and menacing songs
Principle- “ no words or singing are equivalent to an assault”
Words
Tort is about putting fear in the plaintiff and words are capable of doing this as acts
R v Burstow and R v Ireland (1997) silence can amount to an assault
Protection from harassment act 1997
Deliberate or negligent harassment of P is forbidden (s.1)
R v Burstow and R v Ireland(1997)
Facts- 1. D harassed C making silent phone calls
2. Series of silent phone calls over three months to three different women
Principle- 1. Psychiatric injury can amount to bodily harm
‘Inflict’ means cause no requirement to be direct or indirect
- Silence can amount to an assault.
Tuberville v Savage (1669)
Facts- assailant put his hand on his sword she says ‘if it were not assize-time au would not take such language from you!
Victim said he thought he was gonna be attacked
Principle- the intention as well as the act makes an assault
Words can negate assault
Assault must involve threatening behaviour
Intention to frighten there doesn’t need the intention or power to do so
R v St George (1840) pointing a gun knowing it was not loaded to is an assault- other person still in fear of immediate violence
Blake v Barnard (1840)
Fact- a man put his head at the head of another she said “be quiet or I will blow your brains out”
Principle- if the person did as he was told nothing would happen
Read v Coker (1853)
Facts- c owed d rent
C wouldn’t leave so d hired people surrounded and said they would break his neck
Principle- assault because the conditions attached to the threat were not enough to nullify it
Words without a threatening gesture can amount to an assault as thud intentionally and directly put the victim. In fear of an imminent assault
