battery and assault S39 Flashcards
what section is assault and battery
S39 criminal justice act 1988
what is the max sentance for assault and battery
6 months or a fine
what kind of offence is assault and battery
summery offence - common law offence
what is the actus reus of assault
any act which causes the victim to apprehend the immediate infliction of violence
R v ireland
silent phone calls - example of how minor an assault can be
tuberville v savage
Words can take away liability - violence must be immediate
silent phone calls example case
r v ireland
words can take away liability - violence must be immediate
tuberville v savage
mens rea of assault
d must intend to cause v to fear the infliction of immediate and unlawful force or must have seen such fear would be created
recklessness in assault
generally subjective, must have been forseeable consequence and acted anyway
actus reus of battery
the application of unlawful physical force on another
collins v wilcock
a touching of another with hostile intent or in other words any intentional touching outside the scope of what is normally acceptable - describes actus reus of battery
a touching of another with hostile intent or in other words any intentional touching outside the scope of what is normally acceptable - case?
collins v wilcock
Haystead v DPP
application of battery does not need to be direct
which case shows that the application of battery does not need to be direct
Haystead v DPP
