Assault Flashcards

1
Q

1st Element of Assault

A

Voluntary act by the D + intend for Cl. to fear unlawful, immediate violence

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2
Q

2nd Element of Assault

A

Cl. reasonably fears unlawful violence

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3
Q

3rd Element of Assault

A

Cl. fears immediate and direct application of unlawful force

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4
Q

Collins v Wilcock (concerning Assault)

A

“An act that causes another to fear immediate, unlawful force

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5
Q

Stephen v Myers

A

The threat must be able to be reasonably carried out.

An objective test

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6
Q

R v George

A

Perception that gun was loaded and therefore fear was reasonable.

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7
Q

Thomas v NUM

A

No possible way for the miners to be hurt, therefore not immediate nor direct

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8
Q

Tuberville v Savage

A

Words accompanying a menacing gesture negative the inference.

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9
Q

Read v Coker

A

Conditional threats constitute assault when accompanied by threatening gestures.

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10
Q

R v Ireland, R v Burstow

A

Silent phone calls can constitute assault where it is reasonable to fear direct and immediate force.

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11
Q

Constanza

A

Words alone can constitute assault.

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12
Q

Reasonable Apprehension

A

Stephen v Myers, R v George

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13
Q

Of immediate and unlawful force

A

Thomas v NUM

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