Assault & Battery Flashcards
Assault and battery are common law offences but under what act are they charged under?
s.39 Criminal Justice Act 1988
What is the maximum sentence?
6 Months
What is the AR of assault?
Causing the V to apprehend infliction of immediate, unlawful force
What did the case of Constanza declare?
Assault can be committed in words or writing
What did the case of Ireland declare?
Silence can be assault if the victim apprehends immediate, unlawful force
What would be irrelevant for the V?
It is irrelevant that the V was not really in danger as long as the fear was real
What is the legal principle that came from Tuberville V Savage?
Words indicating there will be no violence may prevent an assault occurring. Words can negate D’s actions
What is the AR of battery?
Application of unlawful force (Thomas)
No need to prove any harm, touch is significant
What did the case of DPP V K state?
the application of force can be committed indirectly
What is the MR for both assault and battery?
intention to recklessness as to the assault/battery
What did the case of Venna establish?
for common law assault, D can be subjectively reckless
