Common Assault Flashcards
Two types of common assault:
Assault
Battery
Lowest level of offence against a person
Common Assault
Actus reus of assault:
The actus reus is complete when the defendant does any act which causes the victim to believe unlawful force will be used against them
Fear of violence can be in the immediate future
Smith v Chief Superintendent of Woking
Not using words can still constitute an assault
Ireland
It is enough that V has reasonable belief of immediate unlawful personal violence without any intention or ability
Logdon
Words can amount to assault
Constanza
The stage beyond assault where there is intentional or subjectively reckless application of unlawful force to another
Battery
Actus reus of battery
Applying any unwanted touching or unlawful personal violence
Everyday jostling is not enough to constitute assault
Collins v Wilcock
The act must be hostile to amount to the actus reus for battery
Wilson v Pringle
Harm caused indirectly can amount to actus reus for battery
DPP v K
Battery does not require the direct infliction of violence
Haystead
