Assault . Flashcards
Read v corker 1853
D and his men surrounded v and threatened to break his neck if he didn’t leave.
Ratio:Constituted an assault by their actions and words.
AR link: AR complete as D caused fear. Does not matter if they offered him to opportunity to walk away.
Ireland v burstow 1997- D and V were in a relationship, which v ended. Unhappy D harassed the victim for several months.
Ratio:An assault can consist of any act causing the victim to apprehend an immediate application of for upon them.
AR link: AR complete as D causes injury and fear through emails and phone calls.
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Logdon 1976
D pointed an imitation gun at a woman in jest. She was terrified. D told her it wasn’t real.
Ratio:D threatened a customs officer with a replica gun:
AR link: AR complete as d causes fear even though he told her it wasn’t a real gun.
Lamb 1967
Two boys were playing with a revolver. There were two bullets in the chamber about non were close to the barrel. The gun was shot and 1 boy was killed.
Ratio: No assault as v did not fear- as he believed the gun to be safe.
AR: There was personal violence which was unlawful.
Ramos 2000
D distributed racist letters threatening a bomb attack.
Ratio: initially acquitted due to a lack of immediacy the decision was reversed on appeal to state the key ingredient should be the fear for v. As the fear is the main ingredient for assault.
AR: AR complete as D causes fear.
Smith v chief super intendent of working police station 1985
D frightened v by looking through her bedroom window. She was terrified but there was no means of entry by d to the property.
Ratio: there was no clear intention to cause fear which was proved by screaming.
AR: D caused fear so AR is complete.
Constanza 1997
Stalked a lady he developed an infauation with, wrote over 800 letters and waited outside of her workplace.
Ratio: Immediacy was present and words can amount to assault.
AR: The interpretation of immediate is loose. Words alone can cause the victim to apprehend harm.
Mohan 1976
D’s aim or purpose to bring about the assault is the key ingredient in the MR(ratio)
Facts-d drove his car at police officers, polices officers were hit. Attempted GBH.
Mr: there was intention to cause the v to apprehend immediate unlawful personal violence.
Cunningham 1957- D tore gas meter off the wall and gas seeped into neighbouring house- she became unwell.
Ratio-Actual intention to do a particular kind of harm or recklessness.
Mr: there was not intention but his actions were reckless.
