Assault Flashcards
1st Element of Assault
Voluntary act by the D + intend for Cl. to fear unlawful, immediate violence
2nd Element of Assault
Cl. reasonably fears unlawful violence
3rd Element of Assault
Cl. fears immediate and direct application of unlawful force
Collins v Wilcock (concerning Assault)
“An act that causes another to fear immediate, unlawful force
Stephen v Myers
The threat must be able to be reasonably carried out.
An objective test
R v George
Perception that gun was loaded and therefore fear was reasonable.
Thomas v NUM
No possible way for the miners to be hurt, therefore not immediate nor direct
Tuberville v Savage
Words accompanying a menacing gesture negative the inference.
Read v Coker
Conditional threats constitute assault when accompanied by threatening gestures.
R v Ireland, R v Burstow
Silent phone calls can constitute assault where it is reasonable to fear direct and immediate force.
Constanza
Words alone can constitute assault.
Reasonable Apprehension
Stephen v Myers, R v George
Of immediate and unlawful force
Thomas v NUM
