Smith v Chief Superintendent of Woking Police Station [1983] Crim LR 323

Crown Court

Facts: The defendant peered through the window of a woman’s house at night, causing her to fear an imminent attack. No physical contact occurred, but the woman was terrified of violence.

Held: The court found that the defendant's actions constituted assault because they induced a reasonable fear of immediate unlawful force. The absence of direct physical contact was immaterial; what mattered was the apprehension of imminent harm.

Key Quote: Ackner LJ: “What she feared was that the defendant was immediately going to break into the room to do her harm... The law does not require that she should be able to see precisely what he was going to do.”

💡Levelup: This decision emphasizes that assault can be established through the fear of immediate harm, even without physical contact, broadening the interpretation of what constitutes assault.