Assault (Extra Cases)
Fagan v MPC [1969] 1 QB 439
A policeman was directing the defendant to park his car. The defendant accidentally drove
onto the policeman's foot. The policeman shouted at him to get off. The defendant
refused to move.
The defendant argued at the time of the actus reus, the driving onto the foot, he lacked
the mens rea of any offence since it was purely accidental. When he formed the mens
rea, he lacked the actus reus as he did nothing.
Held: Held Fagan had committed an assault on the officer. Although there was no intent in
parking on the foot of the officer, the omission to move was an intentional, therefore the
omission was classed as an act.
R v Lamb [1967] 2 QB 981
Two boys were playing with a revolver. There were two bullets in the chamber but neither
were opposite the barrel.
The two boys believed that this meant it would not fire. One of the boys pointed the gun
at the other and fired. As he pulled the trigger the chamber turned and the gun went off
killing the boy. The other was charged with unlawful act manslaughter.
Held: There was no unlawful act as no assault had been committed as the victim did not
believe the gun would go off therefore, he did not apprehend immediate unlawful
personal violence.
The victim need not be put in fear but must be aware that they are about to be subjected
to violence. If the victim does not anticipate unlawful personal violence there is no assault
Logdon v DPP [1976] Crim LR 121
The defendant pointed an imitation gun at a woman in jest. She was terrified. The
defendant then told her it wasn't real.
Held: An assault had been committed as the victim had apprehended immediate unlawful
personal violence and the defendant was reckless as to whether she would apprehend
such violence.
Where the victim apprehends immediate unlawful personal violence, an assault will be
committed even if there was no actual threat of violence
R v Meade and Belt (1823) 1 Lew. C.C. 184
The defendants surrounded the victim's house singing threatening and menacing songs.
Held: No assault was committed. Holroyd J "no words or singing are equivalent to an
assault."
The actions of the defendant must cause the victim to apprehend immediate unlawful
personal violence. Originally it was thought that only conduct could amount to an assault
R v Wilson [1955] 1 WLR 493 (CHANGED THE JUDGEMENT FROM R V MEADE)
Fagan v MPC [1969] 1 QB 439
A policeman was directing the defendant to park his car. The defendant accidentally drove
onto the policeman's foot. The policeman shouted at him to get off. The defendant
refused to move.
The defendant argued at the time of the actus reus, the driving onto the foot, he lacked
the mens rea of any offence since it was purely accidental. When he formed the mens
rea, he lacked the actus reus as he did nothing.
Held: Held Fagan had committed an assault on the officer. Although there was no intent in
parking on the foot of the officer, the omission to move was an intentional, therefore the
omission was classed as an act.
R v Lamb [1967] 2 QB 981
Two boys were playing with a revolver. There were two bullets in the chamber but neither
were opposite the barrel.
The two boys believed that this meant it would not fire. One of the boys pointed the gun
at the other and fired. As he pulled the trigger the chamber turned and the gun went off
killing the boy. The other was charged with unlawful act manslaughter.
Held: There was no unlawful act as no assault had been committed as the victim did not
believe the gun would go off therefore, he did not apprehend immediate unlawful
personal violence.
The victim need not be put in fear but must be aware that they are about to be subjected
to violence. If the victim does not anticipate unlawful personal violence there is no assault
Logdon v DPP [1976] Crim LR 121
The defendant pointed an imitation gun at a woman in jest. She was terrified. The
defendant then told her it wasn't real.
Held: An assault had been committed as the victim had apprehended immediate unlawful
personal violence and the defendant was reckless as to whether she would apprehend
such violence.
Where the victim apprehends immediate unlawful personal violence, an assault will be
committed even if there was no actual threat of violence
R v Meade and Belt (1823) 1 Lew. C.C. 184
The defendants surrounded the victim's house singing threatening and menacing songs.
Held: No assault was committed. Holroyd J "no words or singing are equivalent to an
assault."
The actions of the defendant must cause the victim to apprehend immediate unlawful
personal violence. Originally it was thought that only conduct could amount to an assault
R v Wilson [1955] 1 WLR 493 (CHANGED THE JUDGEMENT FROM R V MEADE)
