Non-Fatal Offences

Question 1

What is Assault?

Assault

Answer 1

Occurs when the defedant recklessly or intentionally causes the victim to fear immediate and unlawful personal violence

Assault

Question 2

What is the Actus Reus for Assault?

Assault

Answer 2

Victim does actually have to apprehend/fear the violence for the defendant to be guilty

Assault

Question 3

What is the Mens Rea for Assault?

Assault

Answer 3

When the defendant either intentionally causes the victime to fear physical violence or is reckless about causing them to fear violence

Assault

Question 4

Cases linked to Assault

Assault

Answer 4

• Logdon - Fake gun
• Constanza - letters + stealing from washing line
• Ireland - breathing down the phone + silent phone calls
• Lamb - Playing with a revolver gun
• Tuberville V Savage - Threats with a sword
• Smith v Woking Police - D stood in Victim’s garden

Assault

Question 5

What is Battery?

Battery

Answer 5

Occurs when the defedant intentionally or recklessly applies force to another person

Battery

Question 6

What is the Actus Reus of Battery?

Battery

Answer 6

The application of unlawful force - and small amount of unconsential touching

Battery

Question 7

What is the Mens Reas of Battery?

Battery

Answer 7

Defendant intends to apply the force or is reckless

Battery

Question 8

Cases of Battery

Battery

Answer 8

• Collins v Wilcock - Officer grabbed a woman’s arm
• Thomas - Grabbed a 12 year old girl
• Fagan - Police officer’s foot
• Haystead - Punched woman, dropped her baby
  *

Battery