Non-Fatal Offences - Assault Case Examples

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R v Constanza (1997)
Facts - Defendant sent 800 threatening letters etc to victim causing her to have clinical depression. Held - Charged under S47 OAPA 1861. Words could amount to an assault.
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R v Ireland (1997)
Facts - Defendant made silent phone calls to victim many times over 3 months. Held - Convicted under S47 OAPA 1861. Silence and psychiatric injury can amount to an assault.
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R v Lamb (1967)
Facts- 2 boys played with a loaded gun but both thought it wouldn't fire. One boy fired it, killing the other. Held - Charged with unlawful act of manslaughter. No conviction of assault as the victim didn't fear an unlawful force.
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Smith v Chief Superintendent of Woking Police Station (1983)
Facts - Defendant stared through victim's closed bedroom window late at night. Held - Convicted of assault as the victim feared something could happen to her. Case decided that assault could occur through a closed window.
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R v Meade and Belt (1823)
Facts - Defendant sang threatening and menacing songs outside victim's house. Held - No offence committed as words or singing can't amount to an assault.
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R v Wilson (1955)
Facts - Defendant shouted, "get out the knives", during a physical fight. Held - Charged with assault under s47 of OAPA 1861. Decided that the words could amount to an assault.
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Tuberville v Savage (1669)
Facts - Defendant put hand on sword and said if the judges weren't in town, he wouldn't take such language from the victim. Held - No offence committed as the words indicated no violence.
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R v Light (1857)
Facts - Defendant held sword over wife's head and said if it wasn't for the police outside, he would split her head open. Held - Guilty of assault as the words caused the victim to fear an unlawful force.
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Other cards in this set

Card 2

Front

Facts - Defendant made silent phone calls to victim many times over 3 months. Held - Convicted under S47 OAPA 1861. Silence and psychiatric injury can amount to an assault.

Back

R v Ireland (1997)

Card 3

Front

Facts- 2 boys played with a loaded gun but both thought it wouldn't fire. One boy fired it, killing the other. Held - Charged with unlawful act of manslaughter. No conviction of assault as the victim didn't fear an unlawful force.

Back

Preview of the back of card 3

Card 4

Front

Facts - Defendant stared through victim's closed bedroom window late at night. Held - Convicted of assault as the victim feared something could happen to her. Case decided that assault could occur through a closed window.

Back

Preview of the back of card 4

Card 5

Front

Facts - Defendant sang threatening and menacing songs outside victim's house. Held - No offence committed as words or singing can't amount to an assault.

Back

Preview of the back of card 5
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