NFO: Assault + Battery Flashcards
What is Assault
Assault: To intend or be reckless as to cause the victim to apprehend immediate and unlawful force
What is Battery
To intend or be reckless as to apply unlawful physical force to another person.
What is the maximum sentence for either battery or assault?
Up to 6 months imprisonment
which case defined assault?
R v Ireland - Silent phone calls causing fear can amount to a assault
Can words alone constitute an assault?
Yes, as established in R v Constanza, where letters caused the victim to apprehend imediate violence
What is subjective recklessness in assault?
The defendant realises the risk of casuing fear of violence and goes ahead anyway.
Can battery occur without causing injury?
Yes, any unlawful physical contact can amount to a batter
Case: Collins v Wilcock - A police officer grabbing a women’s arm was battery.
Can touching someone’s clothing be battery?
Yes, as shown in R v Thomas - touching the hem of a girl’s skirt was held to be battery.
What is direct application of force?
When someone physically touches another.
What is indirect application of force?
When someone touches another person by throwing something for example.
What is the primary difference between assault and battery?
Assault: casuing fear of immediate violence
Battery: Actual physical contact or force
Can assault and battery occur together?
Yes, if the victim first fears violence and then is touched or hit.
How should you structure an answer on assault and battery?
Define the offence
State the Actus Reus and Mens Rea
Use case law to illustrate
Apply the law to the given scenario
