(GREEN) Common Assault And Battery

Question 1

Act

Answer 1

S.39 Criminal Justices Act 1988

Question 2

Type of offence

Answer 2

Summary offences

Question 3

Punishment

Answer 3

Imprisoned for up to 12 months or fined 5000

Question 4

Assault

Answer 4

To intentionally or recklessly cause apprehension of force

Question 5

When is offence committed

Answer 5

D does something to make other believe unlawful force is about to be used against them

Question 6

R v Lamb

Answer 6

unaware workings of gun
no assault if no fear

Question 7

R v Misalati

Answer 7

verbal racist attack
evidence of fear is enough - not need physical contact

Question 8

Chambers V DPP

Answer 8

twitter messages
if made as a joke, offence not committed - no mens rea

Question 9

R V Ireland, R V Constanza

Answer 9

phone calls and letters
words and silence can constitute an assault - immediacy issue

Question 10

Tuberville V Savage

Answer 10

medieval sword fight
words can cancel an assault

Question 11

What must fear be?

Answer 11

Of immediate force

Question 12

Smith V Superintendent Woking Police Station

Answer 12

man in garden
may fear possibility of immediate force

Question 13

R v Cunnigham

Answer 13

Defendant for saw a risk and took it anyway

Question 14

R v G

Answer 14

confirmed cummingham
subjective recklessness fairest way to assess it

Question 15

Battery

Answer 15

Intentional or reckless application of unlawful force upon another person

Question 16

Fagan V Met Police Commissioner

Answer 16

car on policeman’s foot, refuse to move
dont need to be aware going to be hit for a battery

Question 17

Collins V Wilcock

Answer 17

a battery can be from even the slightest touch

Question 18

R v Thomas

Answer 18

caretaker touching bottom of 12 year olds skirt
force can be applied to victims clothes aswell as body

Question 19

R V Braham

Answer 19

force feed wife peas and apple tree leaves
A battery can be committed even when D thought behavior was affectionate

Question 20

R V Haystead

Answer 20

punched woman - dropped baby
Battery may be an indirect act

Question 21

DPP v Santa-Bermudez

Answer 21

had undeclared sharp object when being searched
Battery can be omission

Question 22

Mens rea

Answer 22

intentional or reckless

Question 23

R v Venna

Answer 23

Recklessness is sufficient mens rea for battery - confirmed r v cunnigham