Silent telephone calls which resulted in psychiatric damage to the victim could constitute an ‘assault occasioning actual bodily harm’ for the purposes of section 47 of the 1861 Act. Swinton Thomas LJ said: ‘The early cases pre-date the invention of the telephone. We must apply the law to conditions as they are in the twentieth century’. ‘In our judgment the making of a telephone call followed by silence, or a series of telephone calls, is capable of amounting to a relevant act for the purposes of section 47. The act consists in the making of the telephone call, and it does not matter whether words or silence ensue. There is no doubt that the telephone calls made the victims apprehensive. Equally, there is no doubt that they caused them psychological damage. In our judgment, once the fear and the damage are established, then when a telephone call is made by the appellant and the victim lifts the telephone and then knows that the man is telephoning them yet again, they will be apprehensive of suffering the very psychological damage from which they did suffer, namely palpitations, difficulty in breathing, cold sweats, anxiety, inability to sleep, dizziness, stress, and the like. As in the case of Smith, these victims would not know what the appellant was going to do next. In most cases an assault is likely to involve direct physical violence to the body. However, the fact that the violence is inflicted indirectly, causing psychological harm, does not render the act to be any less an act of violence. Nor, in our judgment, is it necessary that there should be an immediate proximity between defendant and victim. Fear can be instilled as readily over the telephone as it can through the window. In our judgment repetitious telephone calls of this nature are likely to cause the victims to apprehend immediate and unlawful violence. ‘
Swinton Thomas LJ, Longmore LJ
Times 22-May-1996, Gazette 19-Jun-1996, [1996] EWCA Crim 441, [1997] QB 114
Bailii
Offences Against the Person Act 1861 47
England and Wales
Citing:
Appealed to – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited – Tuberville v Savage 1669
Tuberville laid his hand upon his sword saying, ‘If it were not Assize time I would not take such language.’ It was held that the act could have amounted to an assault but for ‘the declaration that he would not assault him, the Judges being in . .
Cited – Fagan v Metropolitan Commissioner 31-Jul-1968
The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s foot. The magistrates were unable to decide whether the parking on the officer’s foot was deliberate, but agreed that . .
Cited – Manchester Diocesan Council for Education v Commercial and General Investments Ltd 1969
The school governors were required to obtain consent before selling land formerly used as a school.
Held: The court rejected a submission that that consent was a necessary pre-requisite for a contract could be made at all: ‘Reliance is placed . .
Cited – Smith v Chief Superintendent, Woking Police Station 1983
The defendant entered the garden of a private house and looked through the windows of the house occupied by the victim. She was terrified. The Justices concluded that the defendant had deliberately frightened the victim, and that that constituted an . .
Cited – Regina v Chan-Fook CACD 15-Nov-1993
‘Actual bodily harm’ under the 1861 Act, may include injury to any part of the body, including internal organs, the nervous system and the brain. It is capable of including psychiatric injury, but not mere emotion such as fear, distress or panic. . .
Cited – Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
Approved – Barton v Armstrong 1969
(Supreme Court of New South Wales) The claimant sought damages alleging assault by the making of telephone calls.
Held: Threats made over the telephone were capable of amounting to an assault. Taylor J: ‘Mr. Staff’s first and second . .
Cited by:
Appeal from – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.148105
