Detailed Academic Notes on Assault and False Imprisonment

An assault is defined as an act causing someone to fear imminent unlawful force (Collins v Wilcock [1984]). Words can negate assault if they clarify no force will be used (Tuberville v Savage). Conditional threats can still constitute assault, such as threats to use force if a person acts on their legal rights (Read v Coker). Silent phone calls can also be seen as assault if they instill fear (R v Ireland; R v Burstow).

False imprisonment involves unlawfully restricting someone's freedom of movement (Collins v Wilcock). It requires intention to restrict, complete restriction without lawful authority, and awareness of confinement is not necessary (Meering v Grahame-White Aviation). Case studies show various interpretations regarding physical barriers, conditions for leaving, and lawful constraints, like employment terms (Robinson v Balmain New Ferry and Herd v Weardale Steel). Strict liability applies; the defendant's belief in the lawfulness of their actions does not provide defense (R v Governor of Brockhill Prison).