Assault And Battery Flashcards
What legislation are assault and battery contained in?
Section 39 of the Criminal Justice Act 1988
What is the definition of an assault?
Fagan v Metropolitan Police Commissioner 1969:
‘an assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence’
What acts can amount to an assault?
for an assault there must be an act, it cannot be an omission.
R v Constanza, verbal or written words accompanied by conduct can amount to an assault
R v Ireland, silent phone calls can be an assault
Logdon v DPP, even the threat of violence that can never happen is an assault - unloaded gun
Does the apprehension of violence have to be immediate?
In Smith v Woking CC, it was said, as long as the victim believes violence will be used by D in the near future, this could amount to apprehension. The fear of force doesn’t have to be immediate, it can be imminent.
Can an assault be counteracted leading to no criminal liability?
Turberville v Savage (1669) - An apprehension of immediate force made by D can be cancelled by the use of words or deeds.
What is the mens rea of Assault?
Intention or recklessness.
Intention: causing the AR - R v Woollin, was it a virtual certainty and did the defendant appreciate this (foreseeability)
Recklessness: R v Cunningham - D forsees the risk of causing the AR but has taken the risk anyway.
What is the definition of a Battery?
R v Ireland - ‘unlawful application of force by the defendant upon the victim’ Lord Steyn
What constitutes an application of force?
Force is a slightly misleading word for this context.
R v Thomas - slightest touch, even touching a person’s clothing is the same as touching their skin.
Can the application of force be indirect?
R v Haystead: mother punched and she dropped her baby on the floor as a result, convicted of battery of baby.
see also DPP v K (acid in the hairdryer)
What case established a battery can occur by a continuing act?
Fagon v metropolitan police commissioner 1969
Will everyday social contact constitute a battery?
Collins v wilcock - no
what is the mens rea for a battery?
R v Venna - the mens rea of battery is either intention or subjective recklessness as to inflicting unlawful force on V.
Intention - Woollin
Recklessness - Cunningham
What is the maximum sentence fro common assault?
6 months as they are summary offences tried in the magistrates court, of which only has the power to give 6 months custodial sentences.
