Assault

Description

key cases for the law of assault
Yasmine King
Flashcards by Yasmine King, updated more than 1 year ago
Yasmine King
Created by Yasmine King almost 7 years ago
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Resource summary

Question Answer
DPP v Logdon (case facts) V went to D's home to collect unpaid taxes. D opened a draw and revealed a gun. It was fake but V thought it was real
DPP v Logdon (legal principle) A victim can still apprehend unlawful force, even if it was impossible for that force to be carried out
Smith v Chief Constable of Woking (case facts) D went to v's home late at night stood outside her bedroom window and stared in while she was getting ready for bed
Smith v Chief Constable of Woking (legal principle) Immediate does not necessarily mean straight away it has a broader meaning 'in the near future'
Read v Coker (case facts) D's bailiffs went to v's premise to collect a debt. They surrounded V. They rolled up their sleeves and made fists V assumed D's would attack him
Read v Coker (legal principle) Gestures/ actions can be an assault
R v Ireland (case facts) D was guilty of an assault after making lots of unwanted telephone calls when they were answered there was silence
R v Ireland (legal principle) Even silence can be assault. Spoken words can be assault
R v Constanza (case facts) D sent over 800 letters to the victim. Some had threats within them
R v Constanza (legal principle) Written words can be an assault
Tuberville v Savage (case facts) D placed his hand on his sword and said " If it were not assize time. I would run you through the middle". D's conduct didn't amount to assault
Tuberville v Savage (legal principle) Words can negate what would otherwise have been an assault
R v Mohan (legal principle) Intention is where a defendant decides to bring about a prohibited consequence
R v Cunningham (legal principle) Is where D realises there is a risk but carries on regardless
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