C1 Assault Flashcards
1
Q
Defintion
A
D intentionally or recklessly and unlawfully causes C to perceive an imminent and direct contact
2
Q
Requirement of damage?
A
Actionable per se so no requirement that C suffered damage
3
Q
Interception
A
Still assault if intercepted (Stephens v Myers (1830)
4
Q
Read v Coker (1853)
A
D threatened C that unless C left workshop D and his men would break his neck, C left so it never happened but still assault
5
Q
Words can cancel out actions
A
Tuberville v Savage (1669)
- D laid hand on sword saying ‘if it were not assize-time, I would not take such language’ would use sword but not on this occasion
- Not assault
6
Q
Direct contact must be perceived as imminent
A
- What is imminent? Few seconds in the future, minutes, hours, days?
- R v Ireland (1998) silent phone calls over long period of time
