Common Assault Flashcards
What is the definition of assault?
Causing the victim to apprehend the infliction of immediate, unlawful personal force with either the intention or recklessness as to whether such fear is caused.
What type of offence is assault?
It is a summary offence, triable only at the Magistrates’ Court.
What Act does assault and battery come under?
Section 39 of the Criminal Justice Act 1988
What is the actus reus of assault?
The victim must apprehend immediate unlawful personal force.
What is the mens rea of assault?
The intention to cause the victim to apprehend immediate unlawful personal violence, or being reckless as to whether such apprehension is caused.
(R v Savage)
What is the definition of battery?
The intention or recklessness of application of unlawful force upon the victim.
What type of offence is battery?
It is a summary offence, triable only at the Magistrates’ Court.
What is the actus reus of Battery?
The application of unlawful physical force.
What is the mens rea of battery?
The intention to apply unlawful phsyical force or being reckless as to whether force is applied.
(R v Venna)
