Assaults Flashcards
Can mere words constitue an assault? Case Law?
Yes, Master v Watt (1992)
What is the test for words constituting an assault?
- Words put victim in apprehension of physical violence?
2. was apprehension immediate?
Can conditional threats constitute assault? Case law?
Yes, Police v Greaves (1964)
What must be shown for conditional threat to constitute assault?
Believe on reasonable grounds that he had present ability to affect his purpose.
i.e, Apprehension immediate violence
What is Recklessness and what case law relates?
R v Coleman (1990)
Concept of recklessness simply a realisation of the possibility that some injury might result but nevertheless proceeding with the act.
- Reckless indifference or foresight of consequencecs without actual intent.
Explain transfer of Malice with Case law
McBride v Turnock (1964).
Intending harm to one person, but harm is transferred to someone else.
i.e, swinging punch at one person but hitting another by accident.
Malice is transferred.
What is the Section number and Act for current test for self defence?
S418 Crimes Act
What is the ‘self defence’ defence?
1) Person not criminally responsible for an offence, if they are acting in self defence when committing the offence.
2) Person carries out the conduct in self defence only if;
a) Defend him/herself or another person;
b) Prevent unlawful deprivation of their liberty or someone elses
c) Protect property from unlawful taking, destruction, damage, interference.
d) Prevent criminal trespass or to remove someone from suchtrespass.
CONDUCT IS RESONABLE IN CIRCUMSTANCES
negative self defence standard of proof?
Beyond reasonable doubt
How to negative self defence?
- Accused did not genuinely believe his or her conduct necessary in self defence (subjective)
- Response to danger was dispproportionate (objective)
Can several acts of assault be relied upon for one assault? case law?
Yes, Mikhael v Conroy & Smith.
WHat degree of intention needs to be established for AOABH?
Intention to apply unlawful force. Not necessary to prove intent to cause ABH.
What is ABH?
R v Overall (1993) - Includes any hurt or injury calculated to interfere with haealth or comfort of victim
What does Archbold say about ABH?
Need not be an injury of a permanent character or amount to GBH.
R v Chan-Fook say in relation to ABH?
Hysterical and Nervous condition
