KA2 - Assault, battery, negligence Flashcards
ABH
Actual bodily harm
GBH
Grievous bodily harm
What is another name for case law?
Common law
Which court makes decisions that al courts must follow?
Supreme Court
Common assault
Assault + battery
Where is common assault tried?
Magistrates Court
Assault
When the D intentionally/recklessly causes the V to apprehend immediate unlawful personal violence.
V scared. No injury.
AR of assault
Causing the V to apprehend immediate unlawful personal violence.
MR of assault
D must intend or be reckless as to causing the V to fear immediate, unlawful personal violence. R v Savage
Facts of Smith v Chief Constable of Woking
D entered private garden at 11pm and stood + looked through V bedroom window. V jumped and screamed.
D had clear intentions to cause fear. Actions frightened and caused V to apprehend unlawful violence against them. Case supports intent.
What does the case of R v Ireland tell us about assault?
Silence can suffice for a charge of assault. Psychiatric harm is sufficient for ABH.
R v Constanza
For two years D followed woman home and made numerous silent phone calls and wrote her 800 letters, causing the V to suffer from deppression and anxiety.
Logdon v DPP
D pointed imitation gun at V. V terrified.
Case supports recklessness
In which case is MR of assault defined and what are the facts? What does it tell us?
Savage
D threw beer at V. Glass slipped from D’s hand and cut V.
D must intend or be reckless as to causing the V to fear immediate, unlawful personal violence.
What does Smith v Woking tell us?
- Apprehend = V has awareness of violence
- Immediate does not mean instantaneous
- D does not need to fear a specific crime, just that one might happen
Battery
When the D intentionally/recklessly applies unlawful force upon victim.
V touched. No injury.
AR of battery
The application of unlawful force.
MR of battery
D must intend or be reckless as to the battery. R v Parmenter
Collins v Willcock facts
Policewoman took hold of woman’s ar, to stop her from walking off. Woman scratched her in return. Police officer convicted for unconsensual grabbing of the arm.
R v Thomas facts
Caretaker touched girl’s skirt. Girl didn’t feel it.
Fagan v Police Commissioner facts
Accidentally drove onto police officer’s foot and refused to move when asked to.
What did the D intend?
The Savage case regarding battery
No need to state facts
D said that she had only intended to throw the beer at the woman and that she had no intention to injure her. The fact that she intended to throw the beer meant she had the intention to apply unlawful force and this was sufficient for the mens rea of battery.
MR of assault + battery cases
- R v Mohan - D accelerated in police officer’s direction intentionally
- R v Cunningham - D broke into coin gas meter with intention to steal money. Gas excaped + killed neighbour. Recklessness.
- R v Savage - D threw beer at V. Glass slipped from D’s hand and cut V. Intention + recklessness.
Summary offences
Violation in common law
What is the maximum sentencing of common assault?
6 months
Essay answer structure
I - identify
D - define
E - explain
A - application
L - liability (conclusion)
Essay answer for law of assault
- “I will explain law of assault + assess guilt.” (Identify)
- Define AR of assault
- Define MR of assault
- **Explain ** apprehension with case (AR of assault)
- Application to scenario
- Define ‘immediate’
- Apply to scenario
- Explain unlawful personal violence with case
- Apply to scenario
- Explain mens rea with intent (MR of assault)
- Apply to scenario
- Liability
