Assault and Battery Flashcards
1
Q
what act is both assault and battery defined in?
A
s.39 criminal justice act 1988
2
Q
what is the definition of assault?
A
to cause the victim to apprehend unlawful and immediate force with the intention or recklessness
3
Q
what are the cases which defined assault?
A
(r v Ireland) and (r v constanza)
4
Q
what is a nullified assault? and the case involved?
A
words can nullify an assault
(tuberville v savage)
5
Q
what is the definition of battery?
A
application of unlawful force to another person with the intention of recklessness
6
Q
what is the case for an indirect act?
A
Dpp v k
7
Q
what can be used in the mr of battery
A
coincidence rule and tranferred malice
