Assault+Battery P1 Sec B Flashcards
What is assault
Scaring someone with no physical contact
What is the actus reus of assault
Causing the victim to apprehend immediate unlawful force
What are examples of things that could be threatening
Raising weapon
Raising fists
Verbal assault
Notes
Stalking
What happens in Read v Coker
D and his gang surround V rolling up their sleeves and making V feel like they were going to attack him
What is the legal principle in Read v Coker
Gestures/physical actions can be an assault
What happens in R v Ireland
D made a large amount of phone calls to to three women where when they answered he sat in silence whilst heavily breathing
What is the legal principle in R v Ireland
Spoken words and silence can be assault
What happens in R v Contanza
D made a campaign of hate against an ex worker college over 20 months where he sent 800 threatening letters
D argued words alone could not be an assault
What is the legal principle for R v Constanza
Sending notes with words can be an assault
How can you write threats in the modern world
Email
Texts
Social media
What does it mean to apprehend force
Anticipate/expect force will be used
How might a victim react if they apprehend force from a defendant
Shake
Scream
Sweat
Run away
What happens in DPP v Logdon
D points a fake gun at woman and she was terrified
What is the legal principle for DPP v Logdon
It is possible for V to apprehend force even if the use of force is not possible (as long as V believes it’s possible)
What happened in Smith v Chief Constable of Woking
Defendant peered through woman’s home late at night and she saw him and started screaming to which he didn’t move and kept staring
What is the legal principle for Smith V Chief Constable of Woking
If V can apprehend force in the near future then it’s still an assault
What is the men’s Rea of assault
Direct intention or recklessness as to causing V to apprehend immediate unlawful force
What is battery
Physical contact with no injury
What is the actus reus of battery
Applying unlawful force to another involving physical contact but no injury
Give some examples of battery
Punching
Kicking
Pushing
Spitting
What happens in R v Thomas
School care taker convicted of indecent assault after touching hem of 12 year old girls skirt
What does R v Thomas tell us about force
Even the lightest touch can be force
What does R v Thomas tell us about touching a persons clothing
Touching someone’s clothes is the same as touching the person themselves
What happens in Wilson v Pringle
Defendant who’s a school boy grabs victims bag from Vs shoulder causing V to lose balance and fall over
What is the legal principle for Wilson v Pringle
For a battery the contact must prove to be hostile
What is meant by hostile
Unwanted or aggressive
Why was the force in Wilson v Pringle not hostile
They did it for fun and are friends so courts said that the force here was horseplay
Which situations is force NOT unlawful
Sports e.g boxing,football,martial arts,rugby
Give examples of ‘ordinary jostlings of everyday life, being not unlawful to which u have to consent to be in
Super market
Public transport
Corridors
What is the legal principle about force from Fagan V MPC
Force can be applied via a continuing act
What is the legal principle about force in DPP V K
force can be applied indirectly via an object
What is the legal principle for DPP vs Santana Bermudez
Force can be applied by an omission but only where D has a duty to act and fails to perform that duty
What is the men’s Rea of battery
Either intention or recklessness to apply unlawful force to another person
Where is ABH defined
Section 47 of the offences against the person act 1861
What is the actus reus of ABH
An assault or a battery which causes ABH to another person
What are the 3 elements of the actus reus of this crime
Actus reus of assault or battery
V suffers and injury which counts as ABH
Assault/battery causes that injury
What are some examples of actual bodily harm
Black eye,broken nose,broken finger,broken teeth,bruising,physiological damage
What happens in R v Chan Fook
D subjected B to questioning about the theft of a ring
D dragged V in a room and locked him in
V feared Ds return and injured himself by jumping out a window in a panic
What is legal principle 1 in chain fook
ABH is an injury not so trivial as to be insignificant
What is legal principle 2 in chain fook
Psychiatric harm can be ABH
What did chain fook say could not count as an ABH
Mere emotions e.g fear,anxiety,panic
Give examples of psychiatric injury that can be an ABH
Depression,anxiety disorder,OCD,paranoia,sleep disorder,panic attacks
What happens in DPP V SMITH(snip)
D cut off V pony tail with scissors
He was charged with assault osscasioning ABH and was guilty
Bodily is not limited to bodily injury extends to hurt and damage so long as it’s not trivial or insignificant
What is the legal principle for DPP v Smith
Cutting off a persons hair can amount to ABH
Describe T V DPP
V was chased by D
V fell to ground and was kicked in head by D which made V briefly black out
What is the legal principle for T V DPP
Even a short loss of consciousness can be ABH
What is the men’s Rea of ABH
Same as assault and battery
Assault-Direct intention or recklessness as to cashing the victim to apprehend unlawful force
Battery-Direct intention or recklessness to apply unlawful force to another
What happens in R v savage
D aims to throw beer over v ,her husbands new gf but d allowed the glass to slip and accidentally injured V
What is the legal principle for R v savage
D does not need to intend/ be reckless as to causing ABH to v they just need the men’s Rea of battery or assault
