Assault & Battery

Question 1

What act are assault and battery found under?

Answer 1

S39 of the Criminal Justice Act 1988

Question 2

What is the Actus Reus for Battery?

Answer 2

• Must be some application of unlawful force to another. The AR can occur through a direct battery, a continuing act, or an indirect battery, or a continued act through omission. 
Direct battery- R v Haystead, R v Smith 
Indirect Battery- DPP v K
Continuing Act - Fagan v MPC 
Act through Omission - R v Miller

Question 3

What is the Men’s Rea for Battery?

Answer 3

D has intention (Mohan) or is subjectively reckless (Cunningham) as time application of unlawful force to another.

Question 4

What is the actus reus for assault?

Answer 4

The D’s act causes the citing for apprehend immediate, unlawful force/violence

Cases: 
R v Ireland 
R v Lamb
R v CC Woking 
R v Cunningham 
R v Logdon
Tubberville v Savage

Question 5

What is the Men’s Rea for Assault?

Answer 5

The D must realise the risk that his acts/words could cause the V to fear unlawful personal violence.