Assault and Battery

Question 1

In which 2 ways can common assault be committed?

Answer 1

Assault
Battery

Question 2

Definition of assault

Answer 2

“An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused”

Question 3

What is the case of R v Nelson?

Answer 3

The defendant has to have done something of a physical kind which causes someone else to apprehend that they are about to be struck.

Question 4

Examples of things classing as assault

Answer 4

• Making a threat
• Pointing a gun
• Throwing a stone
• Raising a fist

Question 5

To be guilty of an assault the defendant must have done the following:

Answer 5

Actus reus:
1)An act
2)Causes the victim to apprehend
3)Immediate
4)Unlawful force

Mens rea:
- Intention to cause the victim to apprehend unlawful force
- Recklessness to cause the victim to apprehend unlawful force.

Question 6

Requirement 1 - An act

Answer 6

Actions - Logdon v DPP
Written words - R v Constanza
Silence - R v Ireland
Indirect threats - R v Dume
Continuing acts - Fagan v MPC

Question 7

Requirement 2 - Causes the victim to apprehend

Answer 7

NO fear = NO Assault - R v Lamb

Victims must fear actual force - Smith v CC of Woking

Question 8

Requirement 3 - Immediate

Answer 8

The Victims must fear that force could be used against them “immediately”

Smith v CC of Woking defined immediate as ‘imminent’ but not ‘instantaneous’.

Question 9

Requirement 4 - Unlawful force

Answer 9

(Dealt with below under battery)

Question 10

Mens rea - Assault

Answer 10

Intention to cause the victim to apprehend immediate unlawful force, or recklessness to cause the victim to apprehend immediate unlawful force.

R v Cunningham 1957

Question 11

Definition of battery

Answer 11

“The application of unlawful force to another person intending either to apply unlawful physical force to another, or recklessness as to whether unlawful force is applied”

Question 12

How is assault different from battery?

Answer 12

Assault is the fear of the force whereas battery is the actual application of the force.

Question 13

Why is it common for assault and battery to happen together?

Answer 13

Because someone may threaten someone and then actually follow through with the force.

Question 14

To be guilty of battery, the defendant must have done the following:

Answer 14

Actus Reus:
Unlawful
Application
Force

Mens rea:
- Intention to apply unlawful force
- Recklessness to apply unlawful force

Question 15

Requirement 1 - Unlawful

Answer 15

In some situations application of force is lawful for example; self defence; police arresting someone and sports.

Wilson v Pringle: There is implied consent in the ‘ordinary jostlings of everyday life

Criminal law act 1967: Application of force in situations of self-defence is lawful.

PACE 1984, S117: Force can be used by police when making an arrest.

Question 23

Requirement 2 - Application

Answer 23

Can be done indirectly, continuously or by an omission.
Indirectly - DPP v K 1990
Continuously - Fagan v MPC 1969
Omission - Santana- Bermudez 2003

Question 24

Requirement 3 - Force

Answer 24

Includes any unlawful touching and does not need to be aggressive
- Includes any unlawful contact, even by a police officer - Collins v Wilcock 1984
- Includes touching clothing. - R v Thomas 1985
- There is no need for the contact to be “hostile, rude or aggressive” - Faulkener v talbot 1981

Question 25

Mens rea - Battery

Answer 25

Intention to cause the victim to apprehend unlawful force or recklessness to cause the victim to apprehend immediate unlawful force.
R v Cunningham 1957 - Confirmed that the test for recklessness is subective
R v Venna 1975