Assault Flashcards
Define Common Assault
Where a person INTENTIONALLY or RECKLESSLY causes the victim to APPREHEND IMMEDIATE and UNLAWFUL violence
In what circumstances is the Mens Rea satisfied for Common Assault
Where the perpetrator has DIRECT INTENTION Or SUBJECTIVE RECKLESSNESS To cause immediate and unlawful violence
SUBJECTIVE RECKLESSNESS:
What must the perpetrator do in order to have subjective recklessness?
They must have FORESEEN the risk, but done it anyway.
R v Cunningham: Removing the components of a gas meter causing a gas leak which poisoned the victim. The defendant did not intend malice, but foresaw the risk and did it anyway. Assault upheld.
Is general recklessness enough to carry out Assault?
i.e: OUGHT TO KNOW
No. The defendant must have FORESAW the risk but acted anyway!
Subjective element. Was the risk known by their standards?
Can INTOXICATION be a defence for subjective recklessness (seeing the risk and doing the act anyway)?
No
Intoxication is not a defence!
DPP V MAJEWSKI 1977
Defendant convicted of 4 x ABH and 3 x Assault on Police whilst intoxicated with drink and drugs. Held.
Can singing amount to assault?
No.
R v MEADE AND BELT.
Defendants surrounded victims house singing menacing songs. Judge held that no singing could amount to assault.
Can words amount to assault?
Yes.
R V WILSON 1955
Followed victim down dark alleyway and shouted “get out the knives”. Judge ruled that the words alone were assault.
Can words negate an assault? (I.e Conditional Threats)
I.e words indicated no assault would take place in a threatening situation.
Yes.
TUBERVILLE AND SAVAGE 1669:
The defendant put his hand on his sword and said “if it were not assize-time, I would not take such language from you!”
Words indicated that NO VIOLENCE WOULD OCCUR. Therefore no assault.
Can words complete the act of assault?
Yes.
R V LIGHT 1857:
The defendant held the shovel over wife’s head and said “if it weren’t for the policeman outside I would split your head open!”
Assault held, as the shovel was held above his head (actus reus) and he had verbalised his men’s rea. Offence complete.
Can threatening someone with an imitation firearm be assault?
Yes.
Even if it was a “joke”.
LOGDON V DPP 1976.
The defendant pointed an imitation firearm at the victim. She was terrified. She apprehended immediate personal violence and the suspect was subjectively reckless to whether he would cause this. Assault held.
If two boys playing with a revolver that they didn’t think was loaded… They accidentally fired it, killing one of them, is this assault?
No.
Because the victim did not apprehend the violence.
“If you don’t leave now, we’ll break your neck”
Is this assault?
No.
READ V COKER 1853
The threat is conditional and therefore not immediate.
Is peering through a window considered assault if the person inside is scared that you will break in?
Yes.
The victim was frightened of immediate personal violence
SMITH V SUPT OF WOKING PS 1983
Can a course of conduct amounting to harassment also be considered an assault?
Yes.
A liberal meaning of immediate has been adopted to achieve justice for victims or harassment and stalking.
R V BURSTOW 1997
Silent/abusive calls over 8 months. Appeared at V’s house. Took photos of her. Hate mail and Mal comms to her neighbours. Assault held.
Define Battery
When a person applies unlawful force onto another
What is the difference between Assault and Battery?
Battery= real physical harm Assault= apprehension of violence (including mere threat), victim is aware/witness to it.
Give an example of a circumstance where someone can commit battery without assault?
Example: Punching someone in the back.
They did not witness it, therefore no assault as no apprehension. But they were subjected to real physical harm.
Can Battery be held when there is no direct force (i.e indirect force is used)?
Yes.
DPP V K 1990:
Schoolboy put Sulphuric Acid into a hand dryer. Caused an acid burn onto someone
Schoolboy foresaw the risk.
Battery held.
