Criminal Law- Assault & Battery Flashcards
What is ‘Guilty act because of what you haven’t done’
An Omission- Only applies when you have a duty of care or a duty to act.
What is ‘Guilty act because of the …………….. you have brought about’
Consequence- For example, You shoot someone that dies.
What is ‘Guilty act because of the conduct/circumstances you are found in’
State of Affairs- For example, Having a dangerous weapon in a public place (s1 PoCA 1953)
An act of parliament had said not doing something is the guilty act, e.g. not wearing a seatbelt
Statute
An employees contract has said there is a duty to do certain things. Contractual responsibility.
Pittwood
The relationship between the victim and the defendant means the defendant has a duty to do something.
Gibbons v Proctor
Defendant has a duty to act when a relative is incapable of looking after themselves.
Stone v Dobinson
Guilty of wilfully and without reasonable excuse to perform duty. E.g. a police officer does not break up a fight while off duty
R v Dytham
A defendant has a duty to act when they are able to take REASOABLE steps to deal with a situation. E.g. Calling the fire brigade about a forest fire.
Miller
What did the Defendant in White try to achieve?
What was the actual cause of death?
The defendant was trying to kill his mother with poison.
The Mother died from a heart attack before the poison took affect.
What was the act that lead to the cause of death in the Pagett case. (But For)?
Why was the defendant
The police shot and killed the girlfriend.
What is the Actus Reus for Assault?
Causing the victim to apprehend that immediate and unlawful force is about to be used against them.
What is the Mens Rea for Assault?
Intentionally causing the victim to apprehend that immediate and unlawful force is about to be used against them
What is the Actus Reus for Battery?
The application of unlawful force, however slight.
What is the Mens Rea for Battery?
The intentional application of unlawful force, however slight.
What are the 4 Non-Fatal offences?
Common Assault and battery under s39 of the criminal justice act 1988.
Actual Bodily Harm under s47 of the OAPA 1861.
Wounding and Grievous Bodily Harm under s20 of the OAPA 1861.
Wounding and Grievous bodily harm under s18 of the OAPA 1861.
If you touch someones clothing while he or she is wearing them it is the equivalent of touching them.
Thomas
The law can assume there is implied consent .
Collins v Wilcock
The battery can be inflicted indirectly (i.e. not directly from your hands).
Haystead
The battery can be inflicted through a weapon.
Latimer
A battery can be committed from an omission.
Santana-Bermudez
Reasonable punishment of a child.
Children Act 2004
The battery is inflicted directly by the body of the offender or an instrument controlled by the offender.
Fagan
Touching someone to get their attention was acceptable, touching someone without good reason was not.
Wood
