Assault and Battery Flashcards
s39 Criminal justice act (1988) - important
The sentence for assault or battery is maximum 6 months in prison, or unlimited fine or both.
R v Constanza (1997) - important
Words alone are enough for an assault, including phone calls or letters
DPP v Majewski - important
Assault and battery are basic intent offenses, so if D is voluntarily intoxicated at the time of the offence they are held to be doing it recklessly.
Afolabi v CPS (2017) - important
The definition of ‘force’ for battery includes any unlawful touching
Collins v Wilcock (1984) - important
The definition of force includes even the slightest touching (a police officer holding a woman’s arm to prevent her from leaving)
Fagan vs Metropolitan Police Commissioner (1986) - important
The force involved in a battery can be a continuing act rather than a sudden one (keeping the parked car on someone’s foot)
R v Martin (1881) - important
The force for a battery can be applied indirectly, (placing a bar across the door of a theater that people then get trapped against)
R v Miller (1983) - important
Omissions can create liability for battery, but only if D had a duty to act, (eg because D had set in motion a chain of dangerous events)
R v Ireland (1997) - important
Silent telephone calls are sufficient for an assault.
R v Lamb (1967)
For an assault, V has to think that D might actually use force. pointing a gun at someone who knows it is unloaded has no fear of force
Smith v Chief Superintendent of Woking (1983)
The ‘immediate’ force that is feared doesn’t have to be instantaneous it just has to be soon, eg looking through someone’s bedroom window can be an assault
Turbeville v savage (1669)
D saying that they aren’t going to inflict the force (“because it is an assize time”) can avoid liability for an assault
