Battery & Assault Flashcards
1
Q
Assault
A
mens rea: intention or subjective recklessness
actus reus: causing victim to apprehend the immediate application of unlawful force
2
Q
r v ireland
A
silent phone calls ammounted to assault
3
Q
r v constanza
A
threatening letters amounted to assault
4
Q
r v lamb
A
without fear there is no assault
5
Q
Battery
A
mens rea: intention or subjective recklessness
actus reus: the application of unlawful force
6
Q
collins v willcock
A
battery can be the slightest of touched
7
Q
r v thomas
A
touching of a persons clothing is the same as touching the person
8
Q
r v cunningham
A
defined subjective recklessness “d knows theres a risk but takes it anyway”
9
Q
dpp v k
A
battery can be indirect
10
Q
dpp v santa-bermudez
A
battery can be an omission