1 Tresspass to the Person

Question 0

Battery

Requirements

Answer 0

1. Intent
   Colins v Wilcox
   Wilson v Pringle
   Letang v Cooper

2.Direct application of force
DPP v K

Question 1

Assault Requirements

Answer 1

1. Immediacy - Turbervell v Savadge; R v Ireland
2. Reasonable anticipation of battery - Thomas v National Union of Miners
3. Means to carry out assault- Stephens v Myers

Question 2

Defences to Assault and Battery

Answer 2

1. Consent

Test: Re MB (1997)
Unable to comprehend or retain information
Unable to use information

Simms v Leigh Rugby Football Club
R v Billinghurst
Re F (metal patient sterilization (a. Necessity, b. not practicable to communicate, c. best interest of assisted person

2. Lawful Arrest
   PACE 1984, s 24
3. Self defence
   Reasonable force
   Ashley v Chief Constable of Sussex Police (reasonable belief)
4. Necessity
   Re F
5. Provocation is no defence
   Lane v Holloway

Question 3

False imprisonment

Answer 3

1. Restraint must be total
   Bird v Jones
2. Claimant need not to know of imprisonment
   Murray v Ministry of Defence
3. Imprisonment must be unlawful
   R v Brockhill Prison (No 2)
4. Defences
   Art. 5 ECHR

Question 4

Intentional harm other than trespass to the person

Answer 4

Wilkinson v Downtown

1. Conduct that is outrageous or extreme
2. Actual or constructive intent to cause psychological harm
3. Victim must suffer actual harm