Element 3: Immediacy

Question 1

Immediacy

Answer 1

C must apprehend I’m immediate force.

Question 2

Stephen v Myers

Answer 2

“It is not every threat, when there is no actual personal violence, that constitutes an assault, there must, in all cases, be the means of carrying the threat into effect”

Question 3

Discuss means

Answer 3

If someone has the means to carry out a battery, or a threat then this can constitute an assault even where D does not carry it out due to being impeded by somebody else.

However, if D did not have the means to carry it out in the first place then there can not be an assault.

Question 4

Thomas v NUM

Answer 4

Strikers were held back from the buses by police, they made threatening gestures to the people on the bus. There was no possibility that these threats would turn into actions so there was no assault. Even the most aggressive and violent gestures or threats, could not constitute an assault where D has no means to carry them out in the first place.

Question 5

Mbasogo v Logo:

Answer 5

“There is no suggestion that the advance group in Malabo was armed, still less that it had the capacity to carry out an immediate attack”