Trespass to Person: Assault

Question 1

Definition?

Answer 1

A direct and voluntary act that intentionally or carelessly creates in the plaintiff, an apprehension of imminent harmful direct contact. s251 Criminal Code 1899 (Qld)

Question 2

1. THREAT WHICH CAUSES APPREHENSION OF IMMINENT DIRECT CONTACT

Answer 2

Imminent, mere words and not too distant R v Gabriel

Conditional threat is assault Police v Greaves

Question 3

2. REASONABLE BELIEF THREAT CAN BE CARRIED OUT

Answer 3

Must be actual or apparent ability to carry out threat Stephens v Myers

Question 4

3. FAULT

Answer 4

Defendant must have or create intention to use force Rixon v Star City