Assault and Battery Flashcards
What is the maximum sentence for assault and battery?
Maximum 6 months imprisonment or £5,000 fine
What is assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause fear or immediate violence, or recklessness to cause fear or immediate violence
In what case was assault defined?
In the COA in R v Nelson
What is the actus reus of assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force.
An omission cannot form the actus reus of assault
What was held in R v Constanza?
The COA held that letters can account to an assault. The victim received 800 letters, two of them were perceived to be threatening
What was held in R v Ireland?
Silent telephone calls can be an assault, depending on the facts
What was held in R v Lamb?
The threat must actually be able to take place. The victim knew the gun was unloaded, so pointing it at them could not be an assault
What was held in Smith v Chief Superintendent of Woking Police Station?
Threats from outside a house were held to be an assault. The fear of what the defendant was going to do next was sufficient
What is battery?
The application of unlawful force to a person intending to apply it or recklessly applying it
What is the actus reus of battery?
The application of unlawful force to another person
What was held in Collins v Wilcock?
Touching to get their attention is acceptable providing no more contact than necessary is used
What was held in Wood v DPP?
Wood had not been arrested and so was allowed to struggle and free himself. Battery was committed by the police officers
What principle created in Fagan v MPC could be applied to battery?
Battery can be committed by a continuing act
What was held in R v Martin?
A battery can be an indirect act. The defendant placed a metal bar across a doorway and turned off the lights. People panicked and ran into the bar. This was a s.20 OAPA1861 offence
When may unlawful force become lawful?
In consent, self-defence and the prevention of crime
