non fatal offences

Question 1

R v Ireland (1997) (assault can be words)

Answer 1

The defendant made a series of silent telephone calls over three months to three different women. He was convicted under s.47 of the offences against the person act 1861. He appealed contending that silence cannot amount to an assault and that psychiatric injury is not bodily harm. His conviction was upheld. Silence can mount to an assault and psychiatric injury can amount to bodily harm.

Question 2

R v Constanza (1997) (assault can be words)

Answer 2

The defendant mounted a campaign of hate against an ex-work colleague over a period of 20 months. He sent over 800 threatening letters, would follow her home, wrote offensive words

Question 3

DPP V Logdon (1976) (Assault- fear of force)

Answer 3

The defendant pointed an imitation gun at a woman. She was terrified. The defendant then told her it wasn’t real. An assault had been committed as the victim had apprehended immediate unlawful personal violence and the defendant was reckless as to whether she would apprehend such violence.

Question 4

Smith V Chief constable of Woking (1983) (Assault-AR- immediate)

Answer 4

The defendant peered through the window of a young woman’s house late at night. He has entered the garden and went up to the window and peered through a gap in the curtain . The woman saw him and screamed but he did not move but kept staring, she phoned the police. He was charged with an offence under the vagrancy act 1864 which required proof of an assault. He was convicted and appealed contending that the prosecution had failed to established the victim had apprehended immediate unlawful personal violence. He accepted that she was frightened but that she could not have been frightened of personal violence as he was outside the house and she was inside. The conviction was upheld.