Crime XXXXXXXXII – Assault IV
In
R v Meade and Belt (1823) the defendants surrounded the plaintiff’s
house singing menacing and threatening songs. It was held that mere singing
alone could not constitute an assault.
It’s
worth comparing the decision in R v Meade and Belt (1823) with the
decision in Read v Coker (1853).
In
Read v Coker (1853) the plaintiff was a paper-stainer who rented a premise from
the defendant. The plaintiff fell behind in his rent and the defendant employed
a third party to purchase his fixtures (machines, apparatus etc.) and resell
them back to the defendant.
Subsequently
the plaintiff and the defendant came to an arrangement where the plaintiff
could continue to use his fixtures in the employment of the defendant.
The
defendant later became dissatisfied with the plaintiff and ordered him to
leave. When the plaintiff (Read) tried to return to the premises the defendant
had his men surround him and the men threatened to break his neck. The
plaintiff filed for assault and was successful.
Whether
an act constitutes an assault or otherwise depends on the facts.
Words
alone are sufficient to constitute an assault. In R v Wilson (1955) the
plaintiff was a gamekeeper and he caught the defendant poaching. The defendant
punched and kicked the plaintiff when he tried to arrest him and yelled “get
out the knives”.
The
defendant was found guilty of common assault and as per Goddard CJ (obiter)
words alone are sufficient to constitute an assault i.e. the words need not be
accompanied or followed by threatening gestures.
Copyright
© 2019 by Dyarne Ward
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