A) The legal issue that needs to be addressed in Anne’s situation is whether words, can ever amount to an assault. The Irish position on this matter is that they cannot.
An Assault is defined as an act that places another person in reasonable apprehension of a
In the early English decision of Turberville v Savage , which involved the defendant placing his hand on his sword and saying ‘If it were not assize time, I would not take such language from you.’ The court decided that it is not an assault if there is no intention to assault.
The English Courts strayed from this position in the latter case of R v Ireland . This case centred around whether silent phone calls could amount to an assault. Lord Steyn said that ‘it would be natural for
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Dullaghan was stopped by Hillen, a customs officer. Dullghan proceeded to insult Hillen in a manner the court declared was ‘filthy and disgusting’. Hillen then attacked Dullaghan. Dullaghan took a civil action against Hillen where he sued for battery, false imprisonment and malicious prosecution.
In his judgment Fawsitt J said that words cannot amount to an assault. Hillen pleaded self-defence but the court held that words, even if they are malicious if the person in not in danger of being battered. Fawsitt J said that if Hillen had not been so agitated then he would not have let the word get to him. He cited the adage ‘sticks and stones may break my bones but names will never hurt me.’
This does not bode well for Anne’s potential case against the caller. The Irish case law strongly suggests that any case she may take would be unsuccessful. There is no evidence to suggest that she was in any immediate danger which would make any fears that she had unreasonable in the eyes if the court. The position may seem very harsh as it is very hard to determine the difference between a reasonable and unreasonable apprehension of a battery. Anne cannot know whether the caller is going to arrive at her house and carry out his threats. While she may feel that her fears are entirely justified but based on Dullaghan v Hillen the court is unlikely to
Kenneth Dascoli filed a complaint against Arthur Kelly, Esq., on August 10, 2015. Dascoli alleges that Kelly deprived him of a fair trial in a criminal matter, essentially due to lack of preparation. The lack of preparation consisted of failing to visit the complainant while he was being held in jail, failing to interview witnesses, and failing to prepare for trial. Kelly has allegedly violated Mass.R.Prof.C. 1., 1.3, and 8.4(d).
Derek Bentley’s case consists of a very ambiguous four words “Let him have it” which were exclaimed to his partner in crime Christopher Craig who held possession of a gun. These words were said to be a deliberate incitement to murder, spoken to a man that Bentley clearly knew had a gun. However, Bentley denied saying this when in court, but police witnesses at the trial gave the evidence that just before Craig fired the gun, Bentley did shout those words to him. Cassels also had to consider the possibility of a direct attack on the police, which would give him a criminal record, which would reduce the chances of him being granted a reprieve.
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
During the game Abiodun made a call and Jeremy who was the coach for a team did not agree with the call at which time he started to interrupt the game by arguing with Abiodun. Abiodun ejected Jeremy from the game and advised him to clear his bench area. Jeremy continued to argue with Abiodun over the call after being ejected. Abiodun advised Jeremy if he did not clear his team's bench area the game would be ended. At this time Jeremy approached Abiodun and bumped him with his stomach. Abiodun further related Jeremy began to incite the crowd against him because of the call. Abiodun agreed to sign a Quasi Complaint for Breach of Peace against Jeremy and he was issued a Town of Cicero Court date (07/19/16 at 2:00
Syme, D. (1997). Martin Bryant's Sentence- What the judge said, Retrieved 5 July, 2003, from http://www.geniac.net/portarthur/sentence.htm. 7. The Australian Encyclopaedia.
A second testimony that supports the opposite of the verdict, was the fact that Mr. Ewell never called a doctor after learning of Mayella's injuries. Following the incident, there had not been any physical examination performed by a certified physician. If indeed Mr. Robinson had committed the crime, Mr. Ewell's first instinct would have been to get his daughter checked out. Upon finding his daughter 'assaulted';, he would have wanted to have her injuries treated including the injury that might been caused by rape.
On 09/20/2015 at 08:38 hours, I was dispatched to the area of Branchwood Drive and County house Road, for a report of an Assault. Upon my arrival, I spoke with the caller, Lisa A. Frederick.
Now that we have seen the shortcomings of two popular views of violence, Coady proposes his positive account; namely, that we ought to adopt a restricted definition. He begins with a dictionary definition (physical force with intent to damage/injure another), but he then observes that this is too restrictive and that we ought to include some psychological considerations. A restricted definition, Coady argues, is less morally loaded than the other two views given that it allows us to call an act a violent one without being committed (at least not as committed as the other views) to a certain ethical
When describing a physical altercation between two adults, the term is assault and battery. Assault on an individual has more than immediate effects; the effects can last a lifetime in severe cases. In all fifty states, it is a crime to hit, strike or use corporal punishment in any deliberate manner towards any person over the age of eighteen. However, this law does not apply to physical force being used on minors. Spanking, whipping, and paddling are among a few common references to this form of punishment. Physically disciplining children has had many names over the years. No matter which term is used, corporal punishment has a negative impact on every party involved. It is a widely used, socially accepted method of discipline. “Approximately 94% of three and four-year old children have been spanked in the past year (Slade & Winssow 1321). Although spanking is a widespread practice, it is becoming more controversial. The negative effects of spanking greatly outweigh the benefits. Spanking is a socially tolerated view promoting abusive patterns, and has a negative psychological impact in teaching children that pain, fear, and confusion promote conformability.
The main elements of assault would be an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. The act for assault must be overt and direct. Words alone are insufficient, however if the words are part of a threat that influences the assault. A threat alone is not an aggravated assault, although if the threat is combined with a weapon or fist- it can become sufficient enough to constitute aggravated assault.
Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g. pointing a gun at the claimant by the defendant, the claimant need not know if the gun is real one. Assault must be intentional, direct and immediate. Battery is the intentional or reckless application of physical force to another person. While, false imprisonment is an unlawful restriction of the claimant’s freedom of movement by the defendant.
suddenly jumps in front of her and drags her into an alley. The attacker strikes (A) and rips her clothes. Fortunately, (A) hits the attacker with a rock and runs to safety. The man’s actions do not amount to assault, they amount to a battery as he dragged the woman to an alley, stroke her, and ripped her clothes off with the intent of causing her harm. The acts of the woman are a measure of self-defense, and she cannot be held accountable for the infliction she may have induced to the man. If the man just followed her without having any physical contact with her, his actions would have constituted to assault, as he would inflict fear into the
The inevitable argument begins when an intruder is killed within the privacy of someone's home. People may argue it is self defense and that the intruder deserved the bullet. Others may side with the fact that it was indeed a homicide. Once the line is crossed from public to private property, protecting your family becomes number one. In the novel Peace Like a River, the Land family led by the father Jeremiah and children Davy, Reuben, and Swede undergo small town scrutiny after an act of “self defense” occurs. At first, the shooting ruffled the towns feathers and left the people to sympathize with Davy's action. Then, the tides began to change along with the sympathetic people who now looked at the intruders, Tommy and Israel, as innocent teens.
Hird and Blair, ‘Minding your own business – Williams v Roffey revisited: Consideration reconsidered’ [1996] JBL 254
One such case is R v Rimmington (2006) where Lord Bingham said that conduct forbidden by law should be clearly indicated so that a person is capable of knowing that it is wrong before he does it and that nobody should be punished for doing something which was not a criminal offence when it was done. Moreover Lord Bingham and Lord Walker in the Privy Council decision in Sharma v Brown-Antoine (2007) said that the rule of law requires that, subject to any legal immunity or exemption, the law should be even-handed and apply to all