Assault (1 Viewer)

[JAZZAY]

Does a conditional threat, (which creates fear/apprehension) without the use of force (no weapons are used or anything of the sort) constitute an assault?

Thnx for any input!

 

[Demandred]

If it causes a feeling of apprehension. Depends on the circumstances.

 

[Suvat]

A conditional threat would usually not constitute an assault (Tuberville v Savage - guy puts hand on sword and says "if it were not assize time, I would not take such language from youf"). However, if the condition is a self imposed one, then it may be considered assault (Police v Greaves - guy tells police "come one step closer and i'll blow your f*cking head off)

 

[MoonlightSonata]

A conditional threat would usually not constitute an assault (Tuberville v Savage - guy puts hand on sword and says "if it were not assize time, I would not take such language from youf"). However, if the condition is a self imposed one, then it may be considered assault (Police v Greaves - guy tells police "come one step closer and i'll blow your f*cking head off)

haha capital, capital

"if it were not assize time, I would not take such language from you"

that's gold

 

[mr EaZy]

is language a form of assult?

 

[MoonlightSonata]

Yes ------

An assault is any act which intentionally or recklessly causes another person to fear immediate and unlawful violence. Any actual striking or use of force against the person of the victim is technically a battery. However, the term battery in New South Wales is now taken over by assault. Practically, the term assault as used in the every day usage in the courts now also covers battery.

To commit an assault is also a tort and not just a crime. This means that a person guilty of an assault can be sued by the victim in the civil courts for damages.