Chapter 15 - Non-fatal offences against the person Flashcards
What is the offence under s 39 of the Criminal Justice Act 1988?
Common assault
What are two ways of committing common assault?
(1) assault
(2) battery
Are assault and battery common law offences?
Yes
What is the maximum punishment for assault and battery?
6 months imprisonments or £5,000 fine
What is the definition of assault?
An assault is an act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused
What is the actus reus of assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force
Is an omission sufficient for the AR of assault?
No
Are words sufficient for the AR of assault?
Yes
What case is associated with words being sufficient for the AR of assault?
R v Constanza (1997)
Which case held that silent phone calls could count as assault?
R v Ireland (1997)
What must the act cause the victim to apprehend?
The act or words must cause the victim to apprehend that immediate force is going to be used against them
What case is associated with the apprehension of immediate unlawful force?
R v Lamb (1967)
What does immediate mean?
Immediate doesn’t mean instantaneous but imminent
What case is associated with force being immediate?
Smith v Chief Superintendent of Woking Police Station (1983)
Words indicating that there will be no violence may prevent an act from being an assault, which case does this principle come from?
Tuberville v Savage (1669)
Must the force which is feared be serious?
No
What are some examples of assault?
(1) raising a fist as though about to hit the victim
(2) throwing a stone at the victim which just misses
(3) pointing a loaded gun at someone within range
(4) making a threat by saying ‘I am going to hit you’
Must the force which is threatened be unlawful?
Yes, as if it is lawful then there is no offence of common assault
What is the mens rea of assault?
(1) intention to cause another to fear immediate unlawful personal violence
(2) recklessness as to whether such fear is caused
What is the definition of battery?
Battery is the application of unlawful force to another person intending either to apply unlawful physical force to another or being reckless as to whether unlawful force is applied
What is the actus reus of battery?
The application of unlawful force to another person
What cases point out that touching a person to get their attention was acceptable, provided no greater degree of physical contact was used than was necessary?
Collins v Wilcock (1984)
Wood (Fraser) v DPP (2008)
Which case held that touching the victims clothing can be sufficient for the AR of battery?
R v Thomas (1985)
Can a battery be committed through a continuing act?
Yes