Assaults Flashcards

0
Q

Masters v watts

A

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.

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1
Q

Tuberville v savage (1669)

A

Whether or not words may amount to an assault, it is clear that they may negative one.
‘Assize time’

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2
Q

Police vs Greaves

A

A conditional threat, if accompanied by other elements of an assault is an assault

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3
Q

R v Coleman

A

Recklessness - test is possibility (not probability) except for murder.

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4
Q

Barton vs Armstrong

A

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.

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5
Q

R v brown

A

Cannot consent to assault that would constitute actual bodily harm

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6
Q

Elements of assault

A

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

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7
Q

Authorized assaults

A
  1. Lawful chastisement
  2. Self defense
  3. Lawful arrest
  4. Medical examination
  5. Accidental physical force
  6. Use of physical force lawfully consented to
  7. Taking blood sample
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