Assult Or Battery Flashcards
Common assault used when
Includes both battery and psychic assault as usually committed together
Common law offences but the cja s39 does what
Downgraded them from TEW to summary offences but didn’t define them
Define psychic assault
Where D intentionally or recklessly does an act which causes v to apprehend immediate and unlawful physical force aiming a kick or gesture
What’s the actus reads
An act
What can an assault be
Words gestures or silence
It was thought that words alone couldn’t be a assault Meade and belt however
Wilson
Ireland
Constanta
What does the act have to cause
The v to apprehend infliction of unlawful immediate physical injury. They need not be frightened. No assault if they are asleep or the act unobserved
Fear or apprehend
No force actually needed to be applied but the victim need to expect apprehend or fear battery
Words can prevent actions being an assault
Tuberville and savage
Light
Empty threats
Where the threat of force cannot be carried out I.e. A gun is a toy however the assault can still be carried out if the V is unaware of this
Logdon
Immediate
Usually the v must be with the v and and able to carry out the threat. It doesn’t include ‘I will beat you up tomorrow’
However Woking police station
Provided the v is put in fear of immediate violence this fear need not be analysed and may be irrational.
Ireland and Constanta
Causation
D must cause the fear or apprehension of the force
Men’s rea
D must either
Intend to cause someone to fear or apprehend unlawful personal violence
OR
do so recklessly - d must realise that there is a risk that they might cause someone to fear immoderate unlawful personal violence. VENNNA
