Australia Law Assault Question?
In an example case, it is clear that the defendant caused immediate apprehension upon the plaintiff. What I'm stuck on is whether or not the fault element was intentional or negligent. The men wanted to "wake him up" for being so rude, so they followed him, eventually making physical contact. However... if it is to be intention, then it must be proven that they intended to cause apprehension to that individual... which I don't think they intentionally did right? So what would be the requirements for negligently causing apprehension?? THANK YOU SO MUCH! :)
Answers & Comments
Verified answer
You should site a case to give a better understanding of the case in question.
But:
you stated they wanted to wake him up? I presume give him a wake up call for his behaviour? That is intention.
you stated that they followed him? That is intention to cause also.
I would argue that by following him was with intention for harm or to show their ability to harm. Thereby causing fear to be instilled into the person.