Assault

Question 1

3 elements

Answer 1

1 act committed INTENTIONALLY

2 apprehension of harm

3 no lawful justification or excuse for behaviour

Question 2

Definition

Answer 2

An act which causes another to apprehend the infliction of immediate and unlawful force

Question 3

CASE for assault

Answer 3

Stephens v Myers 1830

Question 4

Facts of Stephen v Myers

Answer 4

Defendant asked to leave a council meeting for being disruptive

In response threatened claimaint with clenched fists

Question 5

Court ruling in Stephen v myers

Answer 5

Myers liable

Stephens apprehended a battery

Question 6

Case for when it’s NOT assault

Answer 6

Thomas v National union of workers

Must be means of carrying out assault

Question 7

Intention element explained

Answer 7

Defendant intended to cause the claimant to apprehend application of immediate and unlawful force

Question 8

Apprehension explained

Answer 8

Anticipating application of unlawful force

Question 9

Justification explained

Answer 9

Even if other stages are satisfied, there will be no assault if defendant has a justifiable reason