Assault And Battery Flashcards
What is the actus reus of assault?
An action which caused the victim to fear/apprehend immediate and unlawful violence.
What does the case of R v Lamb apply to?
Fearing violence
What does the case of smith v csi Woking police apply to?
Threat of violence must be immediate
What is the men’s Rea of assault?
Direct intention or subjective recklessness to cause the victim to apprehend immediate or unlawful violence.
What is the maximum sentence for assault?
6 months
What is the actus reus of battery?
Causing the victim unlawful physical force.
What is the case that said the touching of clothes can amount to a battery?
Day
What did the case of Collins v Wilcock apply to?
Overly sensitive
What is the men’s Rea of a battery?
Direct intention or subjective recklessness to inflict unlawful physical force.
What is the maximum sentence for battery?
6 months in prison