Assaults Flashcards
Masters v watts
Words may constitute an assault if the words put the victim in the apprehension of physical violence and it was apprehension of immediate physical violence.
Tuberville v savage (1669)
Whether or not words may amount to an assault, it is clear that they may negative one.
‘Assize time’
Police vs Greaves
A conditional threat, if accompanied by other elements of an assault is an assault
R v Coleman
Recklessness - test is possibility (not probability) except for murder.
Barton vs Armstrong
The telephone early in the morning on many occasions and threaten him, not in a conversational tone but in an atmosphere of drama and suspense.
R v brown
Cannot consent to assault that would constitute actual bodily harm
Elements of assault
1 - struck, touched, or applied force to another, or, threatens another with immediate violence without lawful excuse
2 - intentionally or reckless and
3 - without consent of the victim
Authorized assaults
- Lawful chastisement
- Self defense
- Lawful arrest
- Medical examination
- Accidental physical force
- Use of physical force lawfully consented to
- Taking blood sample