ABSTRACT

It is now necessary to consider whether the making of silent telephone calls causing psychiatric injury is capable of constituting an assault under section 47. The Court of Appeal, as constituted in the Ireland case, answered that question in the affirmative. There has been substantial academic criticism of the conclusion and reasoning in Ireland: see Archbold News, Issue 6, 12 July 1996; Archbold’s Criminal Pleading, Evidence & Practice (1995), Supplement No 4 (1996), pp 345-47; Smith and Hogan, Criminal Law, 8th edn, 413; ‘Assault by telephone’ by Jonathan Herring [1997] CLJ 11; ‘Assault’ [1997] Crim LR 434, 435-36. Counsel’s arguments, broadly speaking, challenged the decision in Ireland on very similar lines. Having carefully considered the literature and counsel’s arguments, I have come to the conclusion that the appeal ought to be dismissed.