Assault

Question 1

Define assault

Answer 1

An act which causes v to apprehend the infliction of immediate unlawful force. The intention to cause another to fear immediate unlawful personal violence or subjectively reckless as to whether such fear is caused

Question 2

Facts of read v Coker

Answer 2

D and him men surrounded v and threatened to break his neck if he didn’t leave

Question 3

Facts on Ireland and burstow

Answer 3

D made a series of silent phone calls

Question 4

Ratio of Ireland and burstow

Answer 4

An assault can consist of any act causing the victim to apprehend an immediate application of force

Question 5

Facts of lamb

Answer 5

Two boys were playing with a revolver and they believed it wouldn’t fire but one shot the other

Question 6

Ratio of lamb

Answer 6

No assault as v didn’t fear as he believed the gun to be safe

Question 7

Facts of Ramos

Answer 7

D distributed racist letters threatening a bomb attack

Question 8

Ratio of Ramos

Answer 8

Lack of immediacy - the decision was reversed on appeal to state the key ingredient should be the fear for v

Question 9

Facts of smith v working police

Answer 9

D frightened v by looking through her bedroom window

Question 10

Facts of constanza

Answer 10

Stalked a lady and wrote 800 letters and waited outside of her workplace

Question 11

Ratio of constanza

Answer 11

Written words can be assault if they cause v to fear immediate violence

Question 12

Facts of mohan

Answer 12

D drive his car at a police officer but didn’t hit him. D lacked intent for the attempt

Question 13

Ratio of mohan

Answer 13

Ds aim or purpose to bring about the assault is the key ingredient in mr

Question 14

Facts of Cunningham

Answer 14

D tore gas meter off walk and gas seeped into neighbours house and she became unwell

Question 15

Ratio of Cunningham

Answer 15

Does d foresee a risk and go ahead anyway