TRESPASS TO PERSON - ASSAULT Flashcards
1
Q
WHAT IS ASSAULT??
A
THE FEAR OR APPREHENSION OF BATTERY…
(COLLINS V WILCOCK)
…ACT WHICH CAUSES ANOTHER PERSON TO APPREHEND THE INFLICTION OF IMMEDIATE, UNLAWFUL FORCE ON HIS PERSON
2
Q
ELEMENTS OF ASSAULT
A
- DEFENDANT MUST ACT
- EFFECT OF THE ACT MUST BE A REASONABLE EXPECTATION OF IMMEDIATE PHYSICAL VIOLENCE
3
Q
TRADITIONALLY WORDS ALONE CANNOT AMOUNT TO AN ASSAULT
A
(R V MEADE AND BELT)
4
Q
THREATENING WORDS MUST BE ACCOMPANIED BY A GESTURE AS SEEN IN…
THERE MUST BE REASONABLY EXPECTED IMMEDIATE HARM LIKE IN…
A
(READ V COKER)
… (THOMAS V NUM)
5
Q
SILENCE COULD MAKE CLAIMANT FEAR IMMEDIATE HARM…
THEREFORE DEFENDANTS CONDUCT CAN COMPRISE SILENCE, WORDS OR GESTURES OR A MIXTURE
A
…(R V IRELAND)
6
Q
WORDS CAN NEGATE AN ASSULT
IF IT MAKES IT CONDITIONAL
A
(TUBERVILLE V SAVAGE)
7
Q
THREATS OF VIOLENCE MUST BE CAPABLE OF BEING CARRIED OUT
A
(STEPHEN V MYERS)
