Non-fatal offences against the person Flashcards
What are assault and battery?
Common law offences, but they are charged under section 39 of the Criminal Justice Act 1988.
What is the definition of assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate, unlawful personal violence or recklessness as to whether such fear is caused.
What is the actus reus of assault?
An act which causes the victim to apprehend infliction of immediate unlawful force.
What kind of behaviour can constitute assault?
Actions, words, letters (Constanza) or silent phone calls (Ireland).
When is there no assault?
When it is obvious that there is no way the defendant can actually use force.
What does ‘immediate’ mean for assault?
Imminent, so an assault can be through a closed window as in Smith.
How is an assault cancelled out?
When words are used which indicate there will be no violence.
What is the mens rea of assault?
Intention to cause fear of immediate unlawful personal violence or recklessness as to fear of such violence is caused.
What is the definition of battery?
Application of unlawful force to another person either intending to apply unlawful physical force or recklessness as to whether such unlawful force is applied.
What is the actus reus of battery?
Application of unlawful force to another person.
What does the word ‘force’ mean in battery?
It can mean the slightest touching as in Collins v Wilcock.
What happened in Thomas?
It was decided that touching the victim’s clothing can constitute battery.
What can battery be committed through?
A continuing act, indirect act or an omission.
How can there be a battery without an assault?
When the victim is unaware that unlawful force is about to be applied.
What is the mens rea for battery?
Intention to apply unlawful physical force or recklessness as to whether such force is applied.