Trespass to the Person

Question 1

Quill

Answer 1

• Defendant must either intend or be negligent as to the impact of the impugned conduct

Question 2

Collins

Answer 2

• Touching which is not generally acceptable in day to day life is a battery

Question 3

Re a Ward of Court

Answer 3

• Medical treatment not consented to will amount to a battery

Question 4

Breslin v McKenna

Answer 4

• Civil action brought by families of Omagh bombing
• Argument that planting of bomb with timer amounted to a battery
• D argued lack of immediate impact
• Court disagreed
• Immediacy between plating of bomb and when it went off

Question 5

DPP v K

Answer 5

• Acid in hand drier
• Not immediate but still seen as battery

Question 6

Talmage v Smith

Answer 6

• Threw stick aiming for someone
• Hit other
• Court saw negligence in relation to impact
• Liability found

Question 7

R v St George

Answer 7

• Pointing an unloaded gun at someone who believed it to be loaded was assault

Question 8

Thomas v NUM

Answer 8

Cutting throat gesture could be an assault

Question 9

Kilne v Kilne

Answer 9

• Threat is capable of being immediately acted upon
• Causes another person to apprehend the infliction of immediate unlawful force on his person

Question 10

Tuberville v Savage

Answer 10

• ‘if it were not assize time I would not take such language from you’

Question 11

Bird v Jones

Answer 11

• Man could not cross bridge as it was closed and was told there was another bridge further down the river
• Not totally restrained

Question 12

Phillips v GN Railway

Answer 12

• Ticketmaster on train told woman to wait on train as she was accused of not paying for ticket
• The court held that there are circumstances where people are free to leave, however the situation makes them feel imprisoned

Question 13

Meering v Graham-White Aviation

Answer 13

Victim’s knowledge of detention not necessary

Question 14

Wlkinson v Downtown

Answer 14

• Woman told husband was involved in accident
• It was a practical joke
• She became ill as a result
  Claim on basis of trespass succeeded

Question 15

Janvier v Sweeney

Answer 15

Defendant must have intended to humiliate or embarrass the victim or unjustifiably risk such an outcome

Question 16

Walsh v Family Planning Service

Answer 16

Consent is a defence to trespass of the person