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
Facts
One fact to use in
an answer
Law that must be used in
exam answer
Smith v
Woking CC
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."
Even though D could
not attack her at that
very moment as he
couldn't get in house,
her fear was of
something
sufficiently
immediate and
violent.
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.
Logdon v
DPP
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.
As long as V
believes violence will
take place this is
enough for an
apprehension.
Why D caused the V
to believe this
doesn't matter.
A threat of unlawful
violence is sufficient as
long as V believes them –
even if D cant/wont carry
out the threat.
R v Ireland
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.
An assault might be
committed by words
or gestures alone,
depending on the
circumstances; and
that where the
making of a silent
telephone call
caused fear of
immediate and
unlawful violence
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
Case Name
Facts
D struck V causing him
Tuberville v
Savage 1669 to lose an eye. D had
placed his hand on his
sword and said to V
that;
“If it were not assizetime, he would tell him
more of his mind.”
One fact to use in
an answer
Law that must be used in
exam answer
By telling the V he
would not use
unlawful force as
the courts were
operating in town
(assizes) this
cancelled the
threat of placing
his hand on his
sword.
An apprehension of
immediate force made
by the D can be
cancelled by the use of
words or deeds.
Rv
Constanza
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.
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.
R v Venna
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.
The mens rea of Assault is
either intention or
subjective recklessness as
to causing the V to
apprehend immediate
unlawful violence.
Rv
Cunningham
TASK: Fill in any blanks above.
The D must foresee the
risk of causing the V to
apprehend immediate
unlawful violence but have
taken the risk anyway.