common assault Flashcards
assault
s39 criminal justice act 1988
v apprehends immediate unlawful violence
actus reus of common assault
- v has a general awareness of violence
- within a reasonable time
- from any type of conduct by the defendant
logdan v dpp
d had a replica pistol and joked about taking v hostage, was enough for v to apprehend violence, the fact that d may have been joking is irrelevant, based on what the victim thinks
‘immediate’ unlawful violence
the unlawful violence that v apprehends must be able to take place within a reasonable time.
unlawful violence
need not be any actual physical violence.
r v ireland
d made silent phone calls to women which made them apprehend immediate unlawful violence
dpp v ramos
d sent racist letter threatening to carry out a bombing campaign.
held: there was no need for physical action as long as d’s conduct caused v to apprehend immediate unlawful violence.
mens rea of common assault
intention or recklessness to cause actus reus.
even if defendant does not intend this outcome, if he is reckless to it, he will still be criminally liable
test for recklessness
r v cunnigham → there is a risk that d’s conduct will cause v to apprehend immediate unlawful violence, and d realises this
battery
d intentionally or recklessly applies unlawful force to another, and v does not consent
unlawful force- collins v wilcock
held: force can be ‘any touch, however slight’ if it goes beyond the accepted norms of everyday conduct
lack of consent- latter v braddell
maid was forced by her employers to undergo a medical examination to see if she was pregnant.
as she did not consent, this was battery.
what type of offence are assault and battery
summary offences under s39 criminal justice act 1988
max sentence
6 months imprisonment or £5,000 fine
if racially motivated
offence is triable either way and 2 year imprisonment
