common assault

Question 1

assault

Answer 1

s39 criminal justice act 1988
when the victim apprehends immediate unlawful violence

Question 2

actus reus of common assault

Answer 2

1. v has a general awareness of violence
2. within a reasonable time
3. from any type of conduct by the defendant

Question 3

logdan v dpp

Answer 3

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

Question 4

‘immediate’ unlawful violence

Answer 4

the unlawful violence that v apprehends must be able to take place within a reasonable time.

Question 5

unlawful violence

Answer 5

need not be any actual physical violence.

Question 6

r v ireland

Answer 6

d made silent phone calls to women which made them apprehend immediate unlawful violence

Question 7

dpp v ramos

Answer 7

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.

Question 8

mens rea of common assault

Answer 8

intention or recklessness to cause actus reus.

Question 9

test for recklessness

Answer 9

r v cunnigham → there is a risk that d’s conduct will cause v to apprehend immediate unlawful violence, and d realises this

Question 10

battery

Answer 10

d intentionally or recklessly applies unlawful force to another, and v does not consent

Question 11

unlawful force- collins v wilcock

Answer 11

held: force can be ‘any touch, however slight’ if it goes beyond the accepted norms of everyday conduct

Question 12

latter v braddell

Answer 12

lack of consent
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.

Question 13

mens rea for battery

Answer 13

intention or recklessness to cause actus reus

Question 14

what type of offence are assault and battery

Answer 14

summary offences under s39 criminal justice act 1988

Question 15

max sentence

Answer 15

6 months imprisonment or £5,000 fine

Question 16

if racially motivated

Answer 16

offence is triable either way and 2 year imprisonment