Assult/battery

Question 1

What did fagan v MPC say about assault?

Answer 1

D must intentionally or recklessly cause the victim to apprehend immediate unlawful personal violence

Question 2

What is the actus reus of assault?

Answer 2

D must intentionally or recklessly cause the victim to apprehend immediate unlawful personal violence

Question 3

What does apprehend mean?

Answer 3

V must be aware that they are about to be subjected to violence

Question 4

What 2 cases do we use for apprehend?

Answer 4

Smith v supt. Of woking

London (even if D is joking)

Question 5

What case says that immediate means that V is subject to violence within a reasonable time.

Answer 5

Smith v supt. Of woking

Question 6

What 3 cases do we use for unlawful violence?

Answer 6

Ireland (phone calls)

Constanza (letters)

Tuberville v savage (words nullify assault)

Question 7

What does savage say that the mens tea of assault is?

Answer 7

Intention to cause another to apprehend the application of immediate unlawful violence or recklessness as to whether such fear is cause.

Question 8

What is the actus reus of battery?

Answer 8

The application of unlawful personal force on another, intentional or reckless

Question 9

What 3 cases do we use for actus reus of battery?

Answer 9

Cole v turner (slightest touch)

Collins wilcock (v must not concent)

Haystead v DPP (force can be indirect)

Question 10

What is the men’s rea of battery?

Answer 10

Intention to apply unlawful physical force or recklessness as to that force being applied