LAW OF TORT

TORTS AFFECTING THE PERSON

ASSAULT

ACTIONS WHICH MAY AMOUNT TO ASSAULT; WORDS AND SILENCE

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

INTRODUCTION

Definition Of Assault

• Assault is committed where the defendant intentionally or recklessly causes the claimant to reasonably apprehend the immediate application of unlawful force.

• Physical contact is not required.

• The essence of assault is the creation of an expectation of immediate unlawful force.

Examination Definition

Assault is:

An intentional or reckless act causing another person reasonably to apprehend immediate unlawful force.

Importance Of This Topic

For assault to occur, the courts must determine:

• What types of conduct can amount to assault.

• Whether words alone can create assault.

• Whether silence can create assault.

• Whether words can prevent assault from arising.

GENERAL PRINCIPLE

Assault Can Be Committed Through

Physical Actions

• Gestures.

• Movements.

• Conduct.

Words

• Spoken threats.

• Written threats.

• Telephone communications.

Silence

• Silent communications.

• Silent telephone calls.

• Silent threatening conduct.

Combination Of Conduct

• Words and actions together.

ACTIONS WHICH MAY AMOUNT TO ASSAULT

General Rule

• Any conduct creating a reasonable expectation of immediate unlawful force may amount to assault.

• Physical contact is unnecessary.

THREATENING GESTURES

Meaning

• Threatening body movements.

• Aggressive physical behaviour.

• Menacing conduct.

Examples

Raising A Fist

• Threatening to strike.

Pointing A Weapon

• Threatening violence.

Advancing Aggressively

• Moving towards claimant.

Attempting To Strike

• Even if contact never occurs.

LEADING CASE

Stephens v Myers

Facts

• Defendant became angry during a meeting.

• Advanced towards claimant.

• Threatened violence.

• Was restrained before making contact.

Decision

• Assault established.

Principle

• Conduct created expectation of immediate violence.

Significance

• Classic example of assault through actions.

REQUIREMENT OF APPARENT ABILITY

General Rule

• Defendant must appear capable of carrying out threat.

Why Important?

• No reasonable apprehension exists if violence is obviously impossible.

Example

Defendant Standing Nearby

• Threat appears immediate.

Defendant Locked In Another Building

• Threat less likely immediate.

CONDITIONAL THREATS

Meaning

• Threat dependent upon some condition.

General Rule

• Conditional threats may still constitute assault.

Example

“If you come any closer, I will hit you.”

• Assault may arise.

• Immediate violence still contemplated.

Examination Point

• Courts focus on whether claimant reasonably anticipates force.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

WORDS AS ASSAULT

HISTORICAL POSITION

Old Common Law Rule

Traditional View

• Words alone could not constitute assault.

Authority

R v Meade and Belt

Judicial statement suggested:

Words alone cannot amount to assault.

Reason

• Early courts focused primarily on physical acts.

MODERN POSITION

Words Alone Can Constitute Assault

Current Law

• Words may create reasonable apprehension of immediate unlawful force.

• No physical gesture required.

Leading Authority

R v Ireland

Facts

• Defendant repeatedly made silent telephone calls.

• Victims suffered severe distress and psychiatric injury.

Decision

• Assault possible.

Principle

• Words alone may constitute assault.

• Silence may also constitute assault.

Significance

• Overruled old restrictive approach.

• Modern leading authority.

SPOKEN WORDS

Examples Likely To Constitute Assault

Direct Threat

“I am going to hit you now.”

Immediate Threat

“I will punch you.”

Threat With Apparent Ability

Threat accompanied by ability to carry it out.

Requirement

• Threat must create expectation of immediate force.

WRITTEN WORDS

General Rule

• Written communications may constitute assault.

Examples

• Letters.

• Messages.

• Emails.

• Electronic communications.

Key Question

Would the communication create reasonable apprehension of immediate violence?

TELEPHONE CALLS

Modern Position

• Telephone calls may amount to assault.

Authority

R v Ireland

Principle

• Telephone communication may create apprehension of violence.

Importance

• Demonstrates flexible modern approach.

SILENCE AS ASSAULT

Historical View

Traditional Approach

• Silence generally not considered assault.

Modern Position

Silence Can Amount To Assault

Authority

R v Ireland

Principle

• Silence may communicate threat.

• Silence may generate apprehension.

Why Can Silence Be Threatening?

Context Matters

• Repeated silent telephone calls.

• Stalking behaviour.

• Menacing presence.

• Deliberate silence in threatening circumstances.

Examination Point

• Silence itself is not automatically assault.

• Context determines liability.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

WORDS WHICH NEGATE ASSAULT

Important Principle

• Words may prevent assault arising.

• Words can show that no immediate violence is intended.

LEADING CASE

Tuberville v Savage

Facts

• Defendant placed hand on sword.

• Said:

“If it were not assize time, I would not take such language from you.”

Decision

• No assault.

Principle

• Words removed threat of immediate violence.

Significance

• Words may negate apparent assault.

WHY DID THE CLAIM FAIL?

Without The Words

Hand On Sword

• Likely assault.

With The Words

Meaning

• Violence would not occur immediately.

Result

• No reasonable apprehension of immediate force.

COMBINED EFFECT OF WORDS AND ACTIONS

General Rule

• Courts examine overall circumstances.

Actions Plus Threatening Words

Usually Strengthens Claim

Example

• Defendant advances aggressively.

• States:

“I’m going to hit you now.”

Result

• Strong evidence of assault.

Actions Plus Reassuring Words

May Prevent Liability

Example

• Threatening gesture.

• Statement showing no immediate violence intended.

Result

• Assault may fail.

IMMEDIACY AND WORDS

Requirement

• Threat must relate to immediate force.

Future Threats

Usually Not Assault

Example

“I will hit you next year.”

Result

• No immediacy.

Example

“I’ll get you tomorrow.”

Result

• Usually insufficient.

Immediate Threats

Example

“I am going to hit you right now.”

Result

• Assault likely established.

SILENCE AND MODERN COMMUNICATIONS

Electronic Communications

Possible Sources Of Assault

• Telephone calls.

• Voice messages.

• Text messages.

• Emails.

• Social media messages.

Key Issue

Court Considers

• Context.

• Immediacy.

• Reasonable apprehension.

Modern Trend

• Courts recognise changing methods of communication.

Authority

R v Ireland

Remains the leading modern authority.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

COMPARISON TABLE

AO2 APPLICATION

Step 1

• Identify defendant’s conduct.

Step 2

• Determine whether conduct consists of:

• Actions.

• Words.

• Silence.

• Combination.

Step 3

• Assess reasonable apprehension.

Step 4

• Assess immediacy.

Step 5

• Consider relevant authorities.

Step 6

• Reach conclusion.

AO3 EVALUATION

Strengths Of Current Law

Flexible

• Covers modern communications.

Realistic

• Recognises psychological harm.

Broad Protection

• Protects personal security.

Criticisms

Immediacy Difficult To Define

• Some uncertainty remains.

Context-Specific

• Outcomes can be unpredictable.

Expanding Scope

• Critics argue law may become too broad.

EXAM QUICK REVISION SHEET

Assault May Be Committed By

Actions

• Stephens v Myers

Words

• R v Ireland

Silence

• R v Ireland

Words Negating Assault

• Tuberville v Savage

Key Principles

• Physical contact unnecessary.

• Words alone may constitute assault.

• Silence may constitute assault.

• Context is crucial.

• Immediate unlawful force required.

• Words may create assault or destroy assault.

Essential Cases

• Stephens v Myers

• Tuberville v Savage

• R v Ireland

• R v Meade and Belt

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.