Assault And Battery Flashcards
What is the AR of assault?
D does an act that causes the victim to apprehend the infliction of immediate, unlawful force
What is the MR of assault?
Intention or recklessness to cause the victim to apprehend immediate unlawful force
What is the AR of battery?
The infliction of unlawful force on another person
What is the MR of battery?
Intention or recklessness to apply unlawful force of another
What case shows assault?
R v Logdon
R v Logdon facts
D pointed a replica gun at V as a joke, not intending to frighten them. When D realised V was frightened, believing the gun was real, they told them it was a replica and there was no danger of harm. Found guilty
Case for battery
Collins v Wilcock
Facts of Collins v Wilcock
The woman scratched the police woman and was charged with assaulting a police officer in the course of her duty
Point of law in Collins v Wilcock
not guilty. On the facts, the officer had no power to try and detain D, so when he took her by the arm, this attempt to restrain her was in fact a battery on her