Common Assault And Battery Flashcards
Assault definition
An act which causes the victim to apprehend the infliction of immediate, unlawful force with either intention or recklessness
Actus reus of assault
An act
Which causes the victim to apprehend the inflcition of immediate,unlawful force
Is an ommission sufficient to constitute an assault
No it is not
Are words sufficient for an assault, which case shows this
Yes, R v Constanza (1997) the court held that letters can be an assault.
R v constanza (1997) brief description and what does this case show
Words are sufficient for an assault.
D had written 800 letters and the Victim interpreted the last 2 letters as clear threats.
R v contanza (1997) key quote
Fear of violence at some point, not excluding the immediate future.
R v lamb (1967) description
Pointing an unloaded gun at someone who knows that it is unloaded cannot be an assault. This is becuase the person does not fear immediate force.
Smith v Chief Superintendent of Woking (1983)
D broke into garden looked through window of Victim at 11pm.
V was terrified and thought that d was about to enter the toom.
Basis of the fear was that she did not know what he was going to do next, but it was likely it would be of a violent nature.
Fear of what he might do was sufficiently immediate for the purposes of the offence.
Words indicating there will be no violence may prevent an act from being an assault which case demonstrates this
Tuberville v Savage (1669)
D placed one hand on his sword and said ‘if it were not assize time, i would not take such language from you’
Not held to be an assault as what he said showed he was not going to do anything.
R v Light (1857)
D raised a sword above the head of his wife and said ‘were it not for the bloody policeman outside, i would split your head open’
It was held that this was an assault as the wife feared that force was going to be used on her and the words in the circumstances did not negate that fear.
Fear of any unwanted touching is sufficient:
The force or unlawful personal violence which is feared need not be serious.
Examples of assault
Raising a fist as though about to hit the victim.
Throwing a stine at the victim which just misses.
Pointing a loaded gun at someone within range.
Making a threat by saying ‘i am goingt yo hit you’
Unlawfullness of force
The force which is threatened must be unlawful. If it is lawdul, there is no offence of common assault.
Definition of battery
The application of unlawful force to another person with intention or recklessness.
Collins v wilcock (1984) what does this case show
Slightest of touching can be a battery, and always is if there was physical restraint.
