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《 中国通史 》 傅乐成 《历代刑法考》 沈家本
stare decisis
Zanker v Vartzokas (1988) 34 Crim R 11 Supreme Court of South Australia
������ A young woman accepted a lift from the defendant. As the van accelerated, the defendant offered her money and asked for sexual favours. ������ She rejected this offer; the defendant threated: “I am going to take you to my mate’s house. He will really fix you up”. As a result, the young woman jumped out the van and suffered bodily harm ������ Magistrate was of the opinion that assault was not proved where the conduct of the defendant had induced a present fear in the victim’s mind of future violence that had been threatened. i. Whether the defendant’s conduct constituted assault ii. Whether assault should be found on the grounds of “a fear of immediate violence” (As was found by the magistrate in the previous hearing and because of this dismissed the complaint) iii. Whether unlawful imprisonment and assault are separate offences; whether unlawful imprisonment implied an assault ������ Conceded that he was unlawfully imprisoning the woman ������ Actions did not constitute an assault as he had not touched/gestured towards her.
