Is Whether Words Can Ever Amount To An Assault?

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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 …show more content…

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

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