Assault and Battery Flashcards
1
Q
R v Constanza
A
- D wrote 800 letters and made phone calls to V.
- Written words can be an assault if the cause V to fear immediate violence.
2
Q
Smith v Chief Superintendent
A
- D looked through V’s bedroom window late at night.
- Fear of what D would do next was sufficient for the actus reus of assault.
3
Q
Tuberville v Savage
A
- D put hand on sword and said ‘were it not assize time, I would not take such language from you’
- Words can prevent an act from being an assault, but depends on the circumstances.
4
Q
Collins v Willock
A
- A police officer held a women’s arm to prevent her walking away.
- Any touching may be battery, and always is if there was physical restraint.
5
Q
Wood (Fraser) v DPP
A
- An officer took hold of W’s arm to check his identity.
- This was a battery by the police and W was entitled to struggle to release himself.
6
Q
Fagan v MPC
A
- D, unknowingly, stopped his car with a wheel on a policeman’s foot and refused to move when requested.
- Actus reus of assault can be an ongoing act so that the complete offence is committed when D forms the mens rea.
7
Q
DPP v K
A
- D put acid in hand drier, the next person to use it was sprayed with acid.
- An indirect act can be the actus reus of assault.
8
Q
DPP v Santa-Bermudez
A
- D failed to tell a policewoman that he had a needle in his pocket, she was injured when she searched him.
- An omission is sufficient for the actus reus of assault.
