Assault, Battery, False Imprisonment and Harassment Act 1997 Cases and Application
Assault
Case: Turberville v Savage [1669]
Facts: D held his hand on the sword and said if the judge is in town, he would not strike C with his sword
Judgement: (Held No Assault) The Court held that an assault requires both (1) the intention and (2) the act of assault. Even an act of, for example, striking a man, without an intention to assault, does not constitute an assault.
Principle: An intentional tort of assault requires the intention and the act combine together
Case: Read v Coker
Facts: C failed to pay rent to D, D brought several workers in and they rolled up their sleeves and said if C not leaving, they will break C’s neck
Judgement: (Held Assault)
BYLES SERJT: An assault is an attempt or offer, by force or violence, to do a corporal hurt to another, as, by pointing a pitchfork at him, when standing within reach; presenting a gun at him; drawing a sword and waving it in a menacing manner. But no words can amount to an assault.
JERVIS CJ: require gesture accompany with what he said
Principle: An Assault requires a display of force (Where there is an attempt to commit a battery but this was prevented then it may still amount to an assault if the party threatened is put in fear of a possible battery.)
For an assault to occur it is generally accepted that the defendant must perform some form of active behaviour.
Case: Stephen v Myers
Facts: D made a violent gesture at the C by waiving a clenched fist, but was prevented from reaching C by the intervention of third parties. The defendant was liable for assault.
Judgement: (Held Assault)
Tindal CJ: It is not every threat, where no actual physical violence, that constitutes an assault. There must, in all cases, be the means of carrying the threat into effect.
Liable for assault on the basis that he was advancing towards Stephens with intent of harming him/beating him to death with his chair.
Principle: If the defendant makes an immediate threat towards the claimant, but cannot carry out the action due to a third party stepping in as a barrier, the defendant may still be liable for assault.
Case: Collins v Wilcock
Facts: (Not really matters) Police grabbed C’s arm and got stretched (C use self-defence and the police has act outside her duty) (this is a battery case however the speech from Lord Goff may help for understand)
Judgement:
Lord Goff: An Assault is an act which causes another person to apprehend the infliction of immediate, unlawful force on his person.
Principle: a Clear principle provided from Lord Goff’s judgement hence is realised the assault is an objective test where it is up to C to prove that he interpreted D’s act was the immediate act apply on him.
Case: Thomas v National Miners’ Union
Facts: mine worker on strike, C tries to get in while the strike was monitored by police, C attempted to sue the NUM for assault
Judgement: (Held No Assault)
It narrowed the law, as a threatening act had to g...
