Assault & Battery Flashcards
Define assault
“An act which cause v to apprehend the infliction of immediate unlawful force with the intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused”
Define an act
An assault that requires some act of words
Examples of an act [8]
- Verbal
- Written
- Letters - R v Constanza
- Silent phone calls - R v Ireland
- Email / Texts
- Through social media
- Raising a fist
- Pointing a loaded gun at someone
Define ‘cause v to apprehend immediate unlawful force’
The act or words must cause the victim to apprehend that immediate force is going to be used against them
What law does R v Lamb state
There is no assault if the situation is such that it is obvious the D is not going to use force
Define ‘immediate’
Does not mean instantaneous but imminent - Smith
How can words said prevent violence
Following Tuberville v Savage “if it were not for… I would…”
However given circumstances force could still be apprehended - R v Light
What is the mens rea for assault ?
Intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused
What if D is intoxicated for assault or battery?
Classes as basic intent : meaning if D is intoxicated when committing the act s/he is reckless - DPP v Majewski
What is the actus reus for battery
The application of unlawful force to another person
What is an indirect act?
Fill in !!!!
Examples of an indirect act
- R v Martin
- DPP v K
What degree of touching is battery
- Collins v Wilcock - it can be the slightest touching and your entitled to defend yourself
- Wood v DPP - touching a person to get their attention is acceptable aslong as the degree of physical contact used is necessary
What law does R v Thomas state
Touching a persons clothing can be a form of battery even if they are just holding it or skim it
Example of a continuing act
Fagan v Metropolitan Police Commissioner
