Thunder Bolt
Silly old bat
No it isn't.
To be an assault there has to be some physical contact even if it's pouring a pint of beer over his head.
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No it isn't.
To be an assault there has to be some physical contact even if it's pouring a pint of beer over his head.
Kazenga <3
Test 805843
That would be a battery. Battery requires force, an assault does not necessarily.
seagulls4ever
New member
- Oct 2, 2003
- 4,338
You are both wrong.
No there doesn't. An assault is putting somebody in fear, battery is physical contact. I could phone you up and say I was going to kill you, if you were genuinely scared I am, that is an assault.
Kazenga <3
Test 805843
Care to elaborate? As far as I understand under common law an assault requires no physical contact yet a battery does? Obviously more serious assaults under the OAPA may require contact.
Thunder Bolt
Silly old bat
That is threatening behaviour. Assault under common law is attacking someone from the front. battery is attacking someone from behind.
seagulls4ever
New member
- Oct 2, 2003
- 4,338
You are closer. My simple response was because I did not want to be dragged in! The victim must fear immediate unlawful violence. Merely threatening is not enough for assault. For example, that telephone example above by another poster is not necessarily correct, although if 'I am outside' was added, it would be.
Edit: a better example would be throwing a rock at someone but missing.
99% sure it isn't the case. Assault is causing a victim to apprehend immediate violence, no actual touching is needed, just the fear of it.
If he laid a hand on him, it would be battery, or a list of other offences.
Kazenga <3
Test 805843
Oh yeah obviously the fear must be immediate but I didn't want to sound too smarmy by printing the actus reus verbatim
brightn'ove
cringe
Christ, feels like an A-level law lesson in here 
Kazenga <3
Test 805843
Christ, feels like an A-level law lesson in here
Pipe down or I'll go all s20 on you
albion534
Well-known member
brightn'ove
cringe
No it's not.
The Fifth Column
Lazy mug
Simply posting a picture of a road name would not amount to an assault. Some of you are correct in that there does not have to be any force used for there to be an assault and you might at a very long stretch prove an intention on the poster of the picture to make the other person think he was going to 'apprehend' unlawful violence but the reason it isnt an assault is that there is no immediate threat.
"In the case of Ireland the House of Lords suggested that a threat to cause violence ‘in a minute or two’ might be enough to qualify as an assault; a threat to provoke some apprehension of violence in the more distant future would not suffice.
"In the case of Ireland the House of Lords suggested that a threat to cause violence ‘in a minute or two’ might be enough to qualify as an assault; a threat to provoke some apprehension of violence in the more distant future would not suffice.
Da Man Clay
T'Blades
- Dec 16, 2004
- 16,280
I love the complete lack of understanding in criminal law portrayed here. Quite comical.
mistahclarke
Well-known member
- Jul 28, 2009
- 2,997
Indeed it is 0_o
User removed 4
New member
Just thought I would bounce this thread to add in this little beauty.
http://www.eastsideboxing.com/2014/deontay-wilder-knocks-out-internet-troll-charlie-zelenoff/
Watch the second video, before the first one, as it then makes more sense.
This troll bit off more than he could chew when he riled Deontay Wilder. Strangely it seems that taking a pasting from one of the hardest hitting heavyweights in the world, was not enough to knock some sense into this fella.
http://www.eastsideboxing.com/2014/deontay-wilder-knocks-out-internet-troll-charlie-zelenoff/
Watch the second video, before the first one, as it then makes more sense.
This troll bit off more than he could chew when he riled Deontay Wilder. Strangely it seems that taking a pasting from one of the hardest hitting heavyweights in the world, was not enough to knock some sense into this fella.