Assault and Battery Flashcards
What is assault?
Intentionally and directly cause a person to apprehend immediate battery
Blake v Barnard (1840)
D said he would blow the victims brains out, C didn’t know the gun wasn’t loaded, this was still assault as C feared immediate force.
Read v Coker (1853)
threatening gestures such as rolling up sleeves can still be assault.
Tuberville v Savage (1669)
Man put a hand on his sword and said if it were not assize time I would not take such language from you.
Touching his sword was a threatening gesture but his words were negating.
What is battery?
The direct and intentional application of physical force to the person of another without lawful justification
Gibbons v Pepper (1695)
A horse was whipped so that it bolted and it ran down the claimant. D was found liable.
Letang v Cooper (1965)
C was sunbathing, D accidentally ran over her legs.
Not battery as not intentional
What are the rules on hostility?
It doesn’t have to be hostile to be battery, it could be an unwanted kiss or hug.
Collins v Wilcock (1984)
Police officer took hold of a suspected prostitutes arm, she became aggressive. The officer was not entitled to touch her so the prostitute could act in self defence
What are the defences to Assault and Battery?
Volenti non fit injura- if a person gives consent to the touching
Necessity- such as in RE F
Self defence
Lawful ejectment of a trespassed
Lawful arrest
What act gives police the right to arrest and what do they need to do to make it a lawful arrest?
Pace 1984.
S24 says the arrest must be necessary and they must have reasonable suspicion they have/are/will commit a crime
