Scenario 4 - NFOs - Common Assault

Question 1

Collins v Wilcock

Answer 1

an assault is an act which causes the victim to apprehend the infliction of immediate unlawful personal violence

Question 2

Lamb

Answer 2

the victim must anticipate unlawful personal violence in order for there to be an assault

Question 3

Logdon v DPP

Answer 3

can be assault even if there is no actual threat of violence, as long as V anticipates it

Question 4

Constanza

Answer 4

words - including letters, can amount to an assault

Question 5

R v Ireland

Answer 5

silence can also amount to an assault

Question 6

Tuberville v Savage

Answer 6

words can negate an assault

Question 7

Smith v Chief Superintendent of Woking Police Station

Answer 7

threats of future violence do not amount to an assault, although the threatening act itself doesn’t have to be instantaneous

Question 8

DPP v Ramos

Answer 8

it is the state of mind of the victim which is crucial rather than the statistical risk of violence actually occurring

Question 9

Fagan v MPC

Answer 9

MR of CA is intention to cause V to apprehend the infliction of immediate unlawful force or recklessness as to whether such apprehension is caused

Question 10

Venna

Answer 10

confirmed recklessness is sufficient

Question 11

Roberts, Mackie

Answer 11

intervention of the victim doesn’t break the chain of causation as long as their actions were reasonably foreseeable

Question 12

Marjorie

Answer 12

(victim escape) the law should be concerned with the state of mind of the victim rather than the intent of D

Question 13

Ireland & Burstow, and Chan Fook

Answer 13

psychiatric injury can amount to bodily harm, as long as there is medical evidence to support the psychiatric injury