ASSAULTS

Question 1

What is the AR and MR of simple assault?

Answer 1

AR: an act which causes victim to apprehend immediate unlawful personal force

MR: intention or recklessness as to causing some apprehension

Question 2

R v Ireland

Answer 2

• silent telephones could amount to an assault
• D intended by his silence to cause fear therefore victim assumed immediate unlawful force
• it also said that ABH is capable of including psychiatric injury
• however, must be recognisable clinical condition e.g anxiety/ neurosis/ depression

Question 3

What are the AR and MR of battery?

Answer 3

AR: application of unlawful offence

MR: intention to apply such force or recklessness as to whether it will be applied
Note: there doesn’t need to be intention to injure