C5: Non-fatal offences against the person Flashcards
Are assault and battery the same thing?
No, they are not. They often get scooped up together as ‘assault’.
Are assault and battery common law offences or statutory offences?
They are common law offences (albeit with a problematic judgment which is probably wrong).
What is the definition of battery?
Battery is the intentional or reckless infliction of unlawful personal violence upon the victim.
What are the elements of battery?
The elements of the offence are as follows:
(- there was some conduct on the part of the defendant;) - although battery could be committed by omission, it is good to identify what the conduct is.
- the victim suffered unlawful personal violence;
- this was inflicted as a result of the defendant’s conduct; and
- the defendant intended or was reckless to causing the unlawful personal violence.
Can battery be committed by omission?
Yes, it can. This hasn’t been confirmed, but academic opinion is that it can.
In ‘suffered unlawful personal violence’, what does unlawful mean?
That no defence applies.
Give an example of a charge to do with the police that is battery?
An unlawful arrest amounts to battery.
Does everyday touching (e.g. jostling on a train) amount to battery?
No, it is considered that there is implied consent in everyday life. However, limitations apply.
Can a police officer make physical contact with another person to attract their attention?
According to Pegram v DPP [2019], it is lawful for a police officer, or any other person, to make moderate and generally acceptable physical contact with another person to attract their attention. Context is important though. In this situation, the officer needed to gain the protester’s attention to make him aware of his presence and keep his attention for long enough to receive the warning.
In ‘suffered unlawful personal violence’, what does personal mean?
‘Personal’ violence means upon the person. This includes the infliction of violence on the victim’s body and upon the clothes that the victim is wearing.
Is it necessary to prove that the victim felt the touching for suffering ‘unlawful personal violence’?
No, it is not necessary to prove that the victim felt the touching. In Thomas [1985] 81 Cr App R 331, it was suggested obiter that there could be a battery where the defendant touched the bottom of the victim’s skirt and rubbed it.
In ‘suffered unlawful personal violence’, what does violence mean?
‘Violence’ includes any unlawful touching of another, however slight. Violence includes throwing water over the victim or spitting at the victim.
What does ‘inflict’ in ‘violence was inflicted as a result of the defendant’s conduct’ mean?
Inflict means to cause, and both factual and legal causation must be established.
Can a defendant legally cause the battery result if they didn’t directly touch them?
Yes, splitting, pouring water on the victim and causing them to fall over and come in contact with an object can all be battery. E.g. acid in a drier spitting on the next person who uses it, or punching a mother, causing her to drop her child and that child hitting its head.
Can battery be committed recklessly?
Yes it can. The recklessness required is Cunningham [1957] recklessnes.This would require the defendant to realise that there was a risk that his conduct might cause the infliction of unlawful personal violence.
What happened in Pegram v DPP [2019] that shows recklessness in the subjective sense?
When the victim (the police officer) took hold of the defendant’s arm to warn him about committing public order offences, the defendant (who was facing away from the victim at the time) pulled it away, striking the victim in the face in the process. The defendant argued that he was not aware that he had made contact with the victim’s face and that the contact was accidental and without mens rea. Dismissing the defendant’s appeal, the court held that the contact with the victim was reckless, in the subjective sense, as required by Venna [1976]
What is the definition of assault?
The defendant commits an assault where they intentionally or recklessly cause the victim to apprehend immediate unlawful personal violence
What are the elements of assault?
The elements of the offence are as follows:
- there was some conduct on the part of the defendant;
- the victim apprehended immediate unlawful personal violence (a battery);
- this was caused as a result of the defendant’s conduct; and
- the defendant intended or was reckless to causing the apprehension of unlawful personal violence.
Can the conduct in ‘some conduct on the part of the defendant’ be words as well as actions?
Yes, even silence can be the conduct for assault. In Ireland and Burstow [1998], the defendant made a series of silent telephone calls to three women, as a result of which the women suffered significant psychological symptoms. The defendant’s silence amounted to ‘conduct’ so, logically, mere words will also suffice.
What does ‘apprehended’ mean in the context of ‘the victim apprehended immediate unlawful personal violence’?
It means that there is a belief that a battery is about to occur.
Is there a requirement for the victim to be put in fear for assault?
No, there is no requirement that the victim be put in fear, in the sense of being scared.
Can there be assault where there is no touching?
Yes, there can be.
Does the prosecution have to prove that the victim could have suffered actual personal violence for the offence to be assault?
No, they do not have to prove that there will be actual personal violence.
If the defendant has no means to carry out a threat, can it still be assault?
Yes, it can be.