Assault + Battery

Question 1

What section of what Act are Assault and Battery defined?

Answer 1

S.39 Criminal Justice Act 1988

Question 2

Definition of Assault?
Which cases?

Answer 2

D causes V to apprehend some immediate, unlawful violence
(Cant be omission)
- Venna
- Collins v Wilcock

Question 3

Some examples of what has been considered as assault?
- With cases

Answer 3

Threatening letters
- Constanza

Verbal abuse/attempted spitting
- Misalati

Silent phone calls
- Ireland

Question 4

Explain ‘Immediate’.
- With cases

Answer 4

V must anticipate force against them in a short time frame.
(Courts interpret this liberally)
- Smith v Chief Constable of Woking

Question 5

What is the Mens Rea of Assault?

Answer 5

D intended to be reckless as to causing the result

Recklessness is subjective (Jury)

Question 6

Define Battery

Answer 6

D intentionally/recklessly inflicts unlawful force against V
(Can be omission)

Question 7

Explain ‘Inflicts’
- With cases

Answer 7

Can be Direct or Indirect
- Haystead (punch, baby dropped and injured)
- DPP B K (hand dryer)

Question 8

Which case establishes that Battery can be through Omission?

Answer 8

DPP v Santa Bermudez
- Police asked if any sharp object. D says no. Police injured by needle in D’s pocket.