Common Assault Flashcards
Common assault
Section 39 of the criminal justice act
- assault
- battery
Max punishment
6 months imprisonment and/or £5000 fine
Actus reus of assault
‘An act’ - the victim does not have to be physically struck, can be a verbal threat.
Assault
The causing of fear for immediate, unlawful force (no touching).
Cases for assault
- Constanza = ‘fear of violence at some point, not excluding the immediate future’
- Ireland = silent phone calls can be assault, depending on the case
The actus reus of assault 2
‘Apprehending immediate, unlawful force’ - threats must cause the victim to apprehend that immediate force is going to be used against them.
Apprehending immediate unlawful force - cases
Lamb - no assault, since there was no fear
Smith - fear can be for the imminent future
Can words negate fear, therefore making assault impossible?
No - Light = words in that circumstance were not enough to negate fear.
Battery
Application of unlawful force to another person, intending to apply unlawful physical force or recklessness as to whether unlawful force is applies.
Cases for battery
Collins v Wilcock
Wood v DPP
Case of Thomas
Touching a person’s clothes whilst they’re wearing them is the equivalent to touching them.
Indirect act
The defendant causes a force to be applied even if they do not personally touch the victim.
Cases for indirect acts
Martin
DPP v K
Continuing act
A battery committed continuously.
Case for continuing acts
Fagan - at the start there was an act which could be a full offence, but the full offence was not committed at that point because it was without the element of intention. However, it became a full offence when intention was formed to further harm the victim.
Battery without assault
Where the victim is unaware that unlawful force is about to be used against them.
Battery without assault - case
Haystead - indirect force can still constitute battery
Battery via omission
Criminal liability can rise by way of an omission, but only if the defendant is under a duty to act.
Cases for battery via omission
Santa- Bermudez - omitting to say lead to application of unlawful force, therefore making it a battery.
Miller - the defendant created a dangerous situation which may have led to a force being applied to a victim, it could’ve become a battery via omission.
Unlawful force
Force that is not consented or used in self-defence or prevention of crime in a reasonable situation.
Unlawful force - case
A v. UK - European Court of Human Rights ruled that a law allowing force to be used on children offends article 3 of the European Convention of Human Rights. The article prohibits torture and inhuman or degrading treatment or punishment.
