Criminal Law 4 - Non-fatal offences - assault & battery Flashcards
What elements make up criminal liability for assault?
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Actus Reus:
- causing victim to apprehend immediate, unlawful, personal violence
Mens Rea:
- intentionally
- recklessly
What are the cases for assault?
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- boys playing with revolver - no fear = no assault
- D showed V pistol in draw to hold her hostage = assault (didn’t matter taht D couldn’t follow through)
- “get the knives” = assualt
- hand on sword but said he wouldn’t act = no assault
- telephone caller “minute or two” may not be guilty as not immediate fear
- silent telephone caller could be guilty as not sure when he’d attack, could be now.
- peeping tom - V feared immediate violence so D guilty
Is fear of violence against property enough for assault?
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No
What is the meaning of ‘recklessly’ re mens rea?
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- D sees risk that their actions will cause said actus reus and
- in the circumstances known to them,
- objectively unreasonable to take that risk
What elements make up criminal liability for battery?
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Actus Reus:
- application of unlawful force
Mens Rea:
- intentionally
- recklessly
What does ‘application’ mean for battery actus reus?
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Can be direct, indirect or by an omission
What does ‘force’ mean for battery actus reus?
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- physical touch or force
The merest touch (even of clothes) is enough
If results in harm more than trivial, liable for more serious offence under s47 ABH
For unlawful force for battery, where is consent implied?
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A certain amount of physical contact must be accepted to move around in society e.g. jostling in supermarket, underground and busy street
What are the cases for battery
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- touching clothes is enough
- D said no sharps on him, police pierced - D created danger & omission counted
- theatre turned lights off - indirect battery
- acid in hand drier
- police grabbed arm wrongly - battery
