Common Assault and Common Battery

Question 1

Common assault

Answer 1

Common law offence
Sentencing under the criminal justice act 1988 s39
Max punishment 6 months/£5000 fine

Question 2

Common assault
Definition

Answer 2

Where the d intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence

Question 3

Common assault
Actus reus

Answer 3

Requires a positive act that causes the v to apprehend immediate unlawful personal violence
- raising fist
- making a threat

Question 4

Common assault
Act

Answer 4

Words are sufficient - constanza 1997
No need for words - Ireland 1997

Question 5

Common assault
Apprehend immediate unlawful force

Answer 5

V must apprehend that immediate force is going to be used against them
If there’s no possibility of carrying out threats then there’s no assault - lamb 1967
Force needs to be immediate but not instantaneous - smith vs school of working police (night window stalker)
Words indicating that there will be no violence may prevent an act from being assault - tuberville v savage 1969

Question 6

Common assault
Unlawful force

Answer 6

Force must be unlawful
Lawful forces:
Self defence
Prevention of a crime
Protection of another

Question 7

Common assault
Mens rea

Answer 7

Intention to cause another to fear immediate unlawful violence or recklessness as to whether such fear is caused
Basic intent offence

Question 8

Common assault
Recklessness test

Answer 8

D must realise that there is a risk and his acts/words could cause another to fear unlawful personal violence as per Cunningham

Question 9

Common assault
Case

Answer 9

Majewski 1976
D had consumed large quantities of drugs/drink and lashed out at people
Reckless in his actions

Question 10

Common battery

Answer 10

Common law offence
Sentencing under s39 CJA

Question 11

Common battery
Definition

Answer 11

Where the defendant intentionally or recklessly applies unlawful force upon the victim

Question 12

Common battery
Actus reus

Answer 12

Force can be slightest of touching
Thomas 1985 - touching of skirt
Collins v wilcock 1984

Unlawful force

If v gives genuine consent then it may be lawful
R v brown - sado Massachism
R v wilson - branding

Question 13

Collins v wilcock 1984

Answer 13

2 women soliciting
Asked to get in police car but refused
Police took hold of her
She scratched him
Battery was dropped as he was unlawfully holding her as she hadn’t been arrested

Question 14

Children act 2004

Answer 14

Correction if a child by a parent
moderate and reasonable chastisement of a child is permitted as long as it doesn’t result in injury

Question 15

A v UK 1998

Answer 15

Uk jury acquitted a father who had hit son with a cane
Under HRA is contravened with article 3 which prohibits torture or inhuman or degrading treatment

Question 16

Common battery
Mens rea

Answer 16

Intention to apply unlawful force to another or recklessness as to whether unlawful force is applied

Question 17

Common battery
Recklessness test

Answer 17

D must realise that there is risk that his act or omission could cause unlawful force to be applied to another person as per Cunningham