Week 5 -Assault Common Law Assault-s61 Psychic Result

Question 1

Actus rea of Common Assault

Answer 1

Act causing apprehension of immediate infliction of unlawful force

Question 2

Principle in Darby v DPP

Answer 2

An assault is an act by which a person intentionally or
perhaps recklessly causes another person to apprehend the
immediate infliction of unlawful force upon him

Question 3

Principle in Edwards v Police (1988) 71 SASR 493 Debelle J

Answer 3

AR: Immediate apprehension of violence

MR:Intention to produce that expectation in the victims mind

Reckless:Whilst not desiring to cause fear,realising that their conduct may do so and persists with it

Question 4

Principle in Knight (1988) 35 A Crim R 314 (NSWCCA) Lee J

Answer 4

Threats ( made on the phone)could not constitute an offence can be executed at any time.Some action is needed for it to be constituted as an assault

Threats by phone don’t necessarily equate to immediate violence.it depends on the circumstances

Mere threats which may be executed at any time if at all are not threats of immediate violence

Question 5

Principle in Barton v Armstrong [1969] 2 NSWR 451

Answer 5

Opposite to Knight-victim was called/thretened by someone he feared

Outlines circumstance where threats over the phone can constitute an immediate apprehension of violence

threats over
a telephone could put a reasonable person in fear of later
physical violenc

Question 6

Principle in Zanker v Vartzokis (1988) 34 A Crim R 11 (SASC) White J

Answer 6

Threat of immediate violence while impriosned

Unlawful imprisonment and continuing fear – enabling
action resulting (such as her jumping out of the car) to be the
assault having occasioned a level of harm.

If there is potential for the violence to be immediate that can satisfy the AR requirement for immediate apprehension of fear

The threat in her mind is a continuing threat .

Question 7

Principle in Ireland v Burstow [1998] AC 147 House of Lords

Answer 7

Assault can be constituted by silent telephone calls

Silent caller intends by his silence to cause fear

It is possible to fear immediate violence (criticised decision)

Question 8

Principle in Pemble v R (1971) 124 CLR 107

Answer 8

– a psychic assault ‘is constituted by an
act which intentionally or recklessly causes another to
apprehend immediate and unlawful violence… It cannot
occur unless or until the victim is aware of the accused’s
actions

Question 9

Principle in MacPherson v Brown (1975) 12 SASR 184 Bray CJ

Answer 9

For a psychic assault, the victim must be put in fear of
imminent unlawful contact

Ought to have —> makes it an objective test

For the purpose of assault the test of mens rea
is subjective (accused foresaw the possibility of inducing fear) not reasonable person 

Has to be advertant

Question 10

Mens Rea

Answer 10

Macpherson V Brown-intent,knoweldge,advertent recklessness(foresight)

Edwards v Brown-intent to produce the expectation of imminent unlawful violence

Reckless..

Blackwell-recklesness for consequences

Question 11

Mens Rea-R vWilliams

Answer 11

Defendant intended to apply physical force to victim without lawful authority or consent
acts without regard to possible consequences of the act in question
- Indifferent to his suffering that he did ir recklessly or wantonly, not caring whether or not it caused harm

Question 12

Principle in Mostyn

Answer 12

Threatened from far distance

The fear of immediate violence