Assault

Question 1

r v lamb
FACTS

Answer 1

(Apprehend) two boys where playing with a revolver which had two bullets in the chamber but neither where opposite the barrel, the boys believed this meant it woundo’t fire one boy pulled the trigger making the chamber turn and killed the other boy. The defendant was charged with unlawful act manslaughter

Question 2

r v lamb
LEGAL PRINCIPLE

Answer 2

There was no unlawful act as no assault had been committed, the victim didn’t apprehend immediate unlawful violence as he didn’t believe the gun would fire

Question 3

london v DPP
FACTS

Answer 3

The defendant pointed an imitation gun as a woman-frightening her, he later told her it was a replica

Question 4

lodgon vDPP
LEGAL PRINCIPLE

Answer 4

An assault had been committed as the victim had apprehended immediate unlawful violence und the defendant was reckless enough whether she would apprehend violence

Question 5

smith v superintendent of woking
FACTS

Answer 5

The victim saw the defendant,standing, staring in her garden andwas terrified-the defendant was convicted of assault

Question 6

smith v superintendent of woking
LEGAL PRINCIPLE

Answer 6

Issue on appeal - whether the defendant caused the victim to tear immediate violence

Question 7

r v ireland
FACTS

Answer 7

A man called three women over three months repeatedly - remaining silent. The women suffered psychological issues-the defendant plead guilty to an assault

Question 8

r v ireland
LEGAL PRINCIPLE

Answer 8

Silent phone calls can constitute to an assault depending on the affect on the victim

Question 9

stephens v myers
FACTS

Answer 9

Claimant had chaired a meeting that became heated. The defendant got out his chair and threatened the claimant

Question 10

stephens v myers
LEGAL PRINCIPLE

Answer 10

Words and gestures can constitute to an assault. Creatures can cause apprehension

Question 11

tuberville v savage
FACTS

Answer 11

A man placed his hand on his sword and told another ‘ if it was not assize time i would not take such language from you’

Question 12

tuberville v savage
LEGAL PRINCIPLE

Answer 12

Words used showed the defendant wouldn’t taste action and therefore no assault

Question 13

r v venna
FACTS

Answer 13

Men’s Rea: the defendant kicked a police officer who was trying to pick his up, fracturing his hand

Question 14

r v venna
LEGAL PRINCIPLE

Answer 14

Men’s Rea:conviction of ABH appealed. Appeal was dismissed as the recklessness was a sufficient mental element