Assault And Battery Flashcards
What are non-fatal offences against a person?
These are offences against a person that do not result in death but may cause various degrees of injury.
What does S39 of the Criminal Justice Act 1988 provide?
Assault is a summary offence, carrying a maximum sentence of 6 months imprisonment or a fine.
How are assault and battery categorized?
Assault and battery are both common assault offences.
What is the definition of assault as per R v Venna?
Assault is ‘the intentional or reckless causing of an apprehension of immediate unlawful personal violence.’
What is the first component of the actus reus for assault?
‘Apprehension’: The victim need not be put in fear but must be aware of imminent violence (R v Lamb).
What is the second component of the actus reus for assault?
‘Immediate’: The harm must be immediate (R v Constanza).
What is the third component of the actus reus for assault?
‘Unlawful’: There must be an absence of legal defense (Tuberville v Savage).
What is the first component of the mens rea for assault?
Intention: Where the defendant intended to cause the victim to fear.
What is the second component of the mens rea for assault?
Recklessness: The defendant must have seen the risk that fear could be caused (Cunningham).
What is the third component of the mens rea for assault?
Infliction of immediate unlawful force (Savage).
What is the definition of battery as per R v Ireland?
‘The defendant intentionally or recklessly applies unlawful force upon the victim.’
What is the first component of the actus reus for battery?
‘Application’: This need not be direct (DPP v K).
What is the second component of the actus reus for battery?
‘Unlawful’: There must be an absence of defense (Collins v Wilcock).
What is the third component of the actus reus for battery?
‘Physical violence’: Even minimal touching is enough (Thomas).
Can battery be committed by omission?
Yes, but only when there is a duty to act.
