Common Assault Flashcards
Maximum punishment for assault / battery
6 months imprisonment and / or £5000 fine
Statute for common assault / battery
S39 Criminal Justice Act 1988
Definition of assault
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
Cases to show what “acts” can be an assault
Constanza - letters
Ireland - silent phone calls
Cases for “apprehending immediate unlawful force”
Lamb - unloaded gun. must believe there is a real risk
Smith v Chief Superintendent- immediate does not mean instantaneous, but imminent
Tuberville v Savage - words can negate threat
Light - sometimes words aren’t enough to negate threat
Definition of battery
The application of unlawful force to another person intending either to apply unlawful physical force or recklessness as to whether unlawful physical force is applied
Case to show slightest touch can be considered force
Collins v Wilcock - police officer took hold of a woman by her arm. As she was not being arrested this was unlawful.
Wood - police officers grabbed mans arm, he was entitled to struggle
Thomas - touching clothes
Case to show a battery may be committed through a continuing act
Fagan - accidentally parking on an officers foot became battery the moment the intention was formed to leave his car there
Case to show battery can be through an indirect act, e.g. booby trap
DPP v K - sulphuric acid in hand drier
Case examples of how an omission could result in battery
When there is a duty to act
Santa-Bermudez - failed to mention sharp object in pocket
Miller - set in motion a chain of events
What force would be lawful
Where there is consent
Used in self-defence or prevention of a crime
Children Act 2004 - force on children that doesn’t result in injury
Can there be battery without assault?
Yes - victim may not be aware that they will be struck until it happens
Case about intoxication and battery
DPP v Majewski - intoxication was a reckless course of conduct so constituted mens rea
