Law - Non Fatals - Assault

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1. What happened in Tuberville v Savage 1669?

  • His wire broke her legs in an effort to escape him
  • 'If it were not assize time I would not take such language from you'. Not an assault. V knew he was not in danger.
  • Sent 800 letters to the V, it caused a 'fear of violence at some time not excluding the immediate future'
  • D pointed a gun at V as a joke, was terrified. Doesn't matter what D intended as long as V apprehends or fears violence.
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2. What happened in Smith 1983?

  • D standing in V's garden looking at her. Stretched the word immediate to cover the case
  • Rubbing of a girls skirt was held to amount to a battery
  • Cutting a substantial amount of hair can be psychological harm
  • Phone calls may lead the V to fear the possibility of personal violence 'in a minute or two'

3. Mens rea of assault was confirmed in

  • Lamb
  • Constanza
  • Venna
  • Ireland

4. What happened in Lamb 1967?

  • Phone calls may lead the V to fear the possibility of personal violence 'in a minute or two'.
  • D pointed a gun at V as a joke, was terrified. Doesn't matter what D intended as long as V apprehends or fears violence.
  • V + D believed that the gun would not fire. No assault. An assault would have been committed if the weapon had been used & the V believed it to be true.
  • D standing in V's garden looking at her. Stretched the word immediate to cover the case.

5. AR

  • Assault/ battery causing some harm
  • D unlawfully and maliciously wounds or causes GBH
  • Causes the V to apprehend immediate unlawful violence
  • Apply unlawful physical force to another

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