Assault Flashcards
Rule 1
Did D’s conduct amount to assault?
Rule 2
Did D have the necessary state of mind?
Rule 3
Does D have a valid defence?
Which case sets out the level of conduct required. I.e. causing danger or reasonable alarm?
Ewing v Earl of Mar
Which case sets out the voluntariness requirement?
Reid v Mitchell
Which case shows that an involuntary act is not assault?
Hall v Watson
Result of ….. action or intention to …… or be ……
deliberate….injure…reckless
What are the four defences of assault?
Self-defence, justification, consent and provocation
Which case shows that self-defence must be proportionate?
Marco v Merrens
What does the judgement of Lord Carswell tell us about the use of self-defence if there is an imminent risk?
If the defender makes a mistake about the immanence of a threat it must be a reasonable one.
What does the judgement of Lord Scottl tell us about the use of self-defence if there is an imminent risk?
If the defender is not in imminent harm they cannot claim self-defence. A mistake precludes the availability of that defence.
What does Lord Young say about consent in Reid v Mitchell
When you play sport you consent to risk of being injured in the game. But you do not consent to assault thats outwit the nature of the game
Which case says consent is needed for all medical procedures? And that patients must be aware of risk and alternative treatments?
Montgomery v Lanarkshire Health Board
What does Mason v Orr tell us about police and assault?
They are not liable so long as the enforcement is lawful; P is unwilling to cooly and they do not act in excess of the requirements of the case
Which case gives us authority on provocation?
Ross v Bryce. Damages halved
