Assault

Cards (7)

  • -Silence is also sufficient as in R v Ireland
  • Words alone are enough as in R v Constanza.
  • If the victim does not apprehend violence, then the actus reus of assault has not been established as in R v Lamb.
  • The word immediate was defined in the case Smith v Chief Constable of Working police as “some time if near future”.
  • The case of Logdon
    -The defendant pointed an imitation gun at a woman in jest. She was terrified. The defendant then told her it wasn’t real.
  • Tuberville v Savage
    -The defendant put his hand on his sword and stated, ‘if it were not assize-time, I would not take such language from you’. Assize-time is when the judges were in town for court sessions.
  • R v Misalati- The defendant verbally and racially abused staff at a job centre and spat at a third member of staff. there was evidence that the members of staff feared violence and he was convicted of assault.