assault / battery for uam

Question 1

whats the actus reus of assault ?

Answer 1

Causing the victim to Apprehend Immediate

Unlawful Force

Question 2

what are some of the cases you can use for AR of assult ?

Answer 2

Read v Coker - Gestures/actions

R v Ireland
Even silence can be assault
eg, silent phone calls
 Spoken words can be assault
eg, verbal threats

R v Constanza
Written words can be assault
eg, letters

Question 3

what is the men rea of assault ?

Answer 3

Intention OR Recklessness to cause V to apprehend immediate unlawful force
direct intention R v Mohan = Intention is when D aims or decides to bring about the consequence
recklessness R v cunnningham = Recklessness is, D realising a risk involved in his conduct and carrying on regardless

Question 4

AR of battery ?

Answer 4

Applying unlawful force on/to another person

Question 5

some AR cases for battery ?

Answer 5

Wilson v Pringle = Force is unlawful when it is hostile

R v Thomas = (S)lightest touch is all that is required

Question 6

MR of battery

Answer 6

(Direct) Intention to apply unlawful force to another (D aims to apply unlawful force)
Eg Mohan
or
Recklessness about applying unlawful force to another (D realises the risk of applying unlawful force and carries on regardless)
ie R v Cunningham