Common assault Flashcards
What is assault/the actus reus of assault?
An act that causes the apprehension of immediate, unlawful violence.
What is the mens rea of assault?
Intention and recklessness.
What is meant by ‘apprehension’ regarding assault?
The victim has a general awareness of violence.
What is a case for ‘apprehension’ of assault?
Logdon v DPP where defendant pointed a fake gun and woman feared immediate harm.
What is meant by ‘immediate’ regarding assault?
Within a reasonable period of time.
What is a case for ‘immediate’ assault?
Smith v Chief Superintendent where defendant looked into a woman’s window and she feared he would break in and harm her.
What is a case for unlawful violence in assault?
R v Ireland where defendant made silent phone calls causing women to suffer psychiatric harm.
What is case for mens rea of assault?
Logdon v DPP.
What can assault arise from?
Words, actions or gestures.
What is battery?
Applying unlawful force to another person intentionally or recklessly.
What is meant by unlawful force in battery?
The slightest touch, if it’s without consent.
What case can be used for ‘unlawful violence’ in battery?
Collins v Wilcock where police officer touched prostitutes arm without consent.
What kind of offences are assault and battery and what court are they heard in?
Summary offences heard in the Magistrates’ Court.
What is the maximum sentence for both assault and battery?
6 months imprisonment or a £5000 fine.
What happens if the assault or battery is racially aggravated?
Either- way offence and max sentence of 2 years.
What is a criticism of common law involving assault and battery?
Many laypeople don’t understand the meaning of assault and battery.
How have the law commission tried to tackle the criticism involving law and battery?
By using clearer labels like ‘threatened assault’ and ‘physical assault’.
