Non-fatal offences Flashcards
What is assault and battery charged under?
S.39 of the Criminal Justice Act 1988
Assault AR
Causing someone to fear the immediate application of unlawful force
causing someone to fear the immediate application of unlawful force
Assault AR
Intentionally or recklessly causing someone to fear the immediate application of unlawful force
Assault MR
Assault MR
Intentionally or recklessly causing someone to fear the immediate application of unlawful force
‘Immediate’ does not mean instantaneous but imminent
Smith v Chief Superintendent of Woking Police Station 1983
Smith v Chief Superintendent of Woking Police Station 1983
‘Immediate’ does not mean instantaneous but imminent
Written threatening words can be assault
Constanza 1997
Constanza 1997
Written threatening words can be assault
Misalati 2017
Verbal threatening words can be assault
Verbal threatening words can be assault
Misalati 2017
Lamb 1967
The person being assaulted has to be afraid
The person being assaulted has to be afraid
Lamb 1967
Battery AR
application of unlawful force to another by direct or indirect means
application of unlawful force to another by direct or indirect means
Battery AR
Battery MR
intention or subjective recklessness to apply an unlawful force to another
intention or subjective recklessness to apply an unlawful force to another
Battery MR
Indirect battery
- DPP v K 1990
- Haystead 2000
- Santa-Bermudez 2003
- DPP v K 1990
- Haystead 2000
- Santa-Bermudez 2003
Indirect battery
Direct battery
- Pegram 2019
- Barnes 2004
- Pegram 2019
- Barnes 2004
Direct battery
Pegram 2019
Allowed to make moderate and generally acceptable physical contact with another person to attract their attention
Allowed to make moderate and generally acceptable physical contact with another person to attract their attention
Pegram 2019
Barnes 2004
allowed to commit battery whilst playing a game that involves application of force to other, as participation in the game is considered consent