Non - fatal offences Flashcards
Assault
Common Law made by judges
“To cause V to apprehend immediate unlawful force”
DPP v Logdon
V must “apprehend” immediate unlawful force - Apprehend means an expectation that force will be used.
Smith v CCWP
“immediate” means in the near future.
Read v Coker
Gestures can be an assault.
R v Ireland
Silence or spoken words can amount to an assault.
R v Constanza
Written words can amount to an assault.
Tuberville v Savage
Words can negate an assault.
Mens rea
Direct intention (Mohan) or recklessness (Cunningham) as to cause V to apprehend immediate unlawful force.
Battery
Common Law made by Judges.
“Applying unlawful force on/ to another”
R v Thomas
Only the slightest touch (including clothes) is needed.
Wilson v Pringle
Force must be hostile.
Force applied in ordinary jostlings of everyday life will not be unlawful, as V will be deemed to have given implied consent.
Fagan v MPC
Force can be applied via a continuing act.
DPP v K
Force can be applied indirectly.
DPP v Santana - Bermudez
Battery can be committed by an omission.
Mens rea
D intends (Mohan)/ is reckless (Cunningham) in applying force on/to another person.