assault cases

Question 1

Ireland v Burstow

Answer 1

Vs ex boyfriend stalked and harassed her, causing her to sustain psychiatric injury. Caused victim to apprehend, can amount to assault.

Question 2

Lamb

Answer 2

Boys playing with revolver. D shot V, V didn’t apprehend force as believed gun was safe, so no assault.

Question 3

Ramos

Answer 3

D distributed racist letters threatening a bomb attack. V had fear. Convicted of assault as fear is key ingredient.

Question 4

Smith v Chief Super Intendente of Working Police Station

Answer 4

D frightened V by looking through her bedroom window. Although there were no means of entry for D into property, the fear of V not knowing what D would do next is sufficiently immediate for offence purposes.

Question 5

Constanza

Answer 5

D stalked lady and wrote her over 800 letters and waited outside her workplace. Found that immediacy was present. Words can amount to an assault.

Question 6

Mohan

Answer 6

D drove car towards a police officer. D’s aim or purpose to bring about assault is key ingredient in men’s rea. Reckless by driving towards a police officer.

Question 7

Cunningham

Answer 7

D tore gas meter off wall. Gas seeped into neighbour’s house and V became unwell. Subjectively reckless, did not intend or foresee harm. Administering a noxious substance