Assault - cases
Below is a
list of cases you should use when answering a scenario question on assault.
Definition: D intends or is
subjectively reckless in causing V to apprehend immediate unlawful violence.
Case Name
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Facts
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Law that must be used in exam answer
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Smith v Woking CC
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D frightened V by looking through her bedroom window late at night.
V a policewoman was "absolutely terrified, to the extent that she was
very nervous and jumpy for a few days afterwards."
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As long as the V believes
violence will be used by D in the near future this is a apprehension.
It doesn't matter if D cant/will not attack V straight away
.
Causing V’s apprehension of violence is satisfied as long the
evidence shows the V believed D would use unlawful violence in the near
future.
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Logdon v DPP
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D showed V, a customs officer, a replica gun that would not fire in
a drawer and told her he would hold her prisoner until money owing him was
repaid.
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A threat of unlawful violence is
sufficient as long as V believes them – even if D cant/wont carry out the
threat.
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R v Ireland
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D made a large number of telephone calls to women and remained
silent when they answered. A psychiatrist stated that as a result of the
repeated telephone calls the V had suffered psychological damage.
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An apprehension of immediate force by
the V can be committed by the D through:
words or
gestures or
silent phone calls depending on the circumstances
words or silence are enough for an assault
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Case Name
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Facts
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Law that must be used in exam answer
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Tuberville v Savage 1669
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D struck V causing him to lose an eye. D had placed his hand on his
sword and said to V that;
“If it were not assize-time, he would
tell him more of his mind.”
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An apprehension of immediate force made
by the D can be cancelled by the use of words or deeds.
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R v Constanza
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D followed V, sent her more than 800 letters, telephoned her on
numerous occasions, only speaking sometimes, watched her house from his car
and wrote on her door. V suffered from a clinical state of depression and
anxiety.
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Conduct by D accompanying words was capable of making the words an
assault. The fear was of violence sufficiently immediate to be described as
the fear of immediate violence.
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R v Venna
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D struggled with the police officers who were arresting him. D fell
to the ground and lashed out wildly with his legs, fracturing a bone in the
hand of an officer.
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The mens rea of Assault is either intention or subjective
recklessness as to causing the V to apprehend immediate unlawful violence.
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R v Cunningham
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The D must foresee the risk of causing the V to apprehend immediate
unlawful violence but have taken the risk anyway.
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