Non-Fatal Offences Against the Person Flashcards
Definition of an Assult
Any act which intentionally or recklessly causes another to apprehend immediate unlawful violence.
Case Law for assault
Fagan v Metropolitan Police Commissioner 1969
If X shouts to Y “I am going to kick your head in” intending Y to believe the threat and Y does believe it - is this an assault?
Yes. Y believes the threat.
Can Assault be committed by an omission
No. Assault can only be committed by carrying out an act, and no cannot be committed by omission.
Mental elements of assault:
On the part of the defendant, the Mens rea needed to prove assault is either:
- The intention to cause apprehension of immediate unlawful violence or
- Subjective recklessness as to that consequence
If X threatens to shoot Y with an imitation pistol could X be charged with assault?
Yes. If Y believed the pistol was real and they were going to get shot. The fact it was imitation is not important.
X caused Y to apprehend immediate violence being used (Logdon V DPP (1976) Crim LR 121)
Mental Elements of assault:
Apprehension does not mean fear so there is no need to show that the victim was actually in fear.
What is case law?
R v Ireland 1998 AC 147,
Causing a fear of some possible violence can be enough provided that the violence feared is about to happen in the immediate future (R c Constanza).
Can words and silence amount to an assault?
Yes provided they are accompanied by the required mens rea.
A thing said is also a thing done.
Words: Can you assault someone via email or text message?
Yes. Any form of communication can be axed as a method for an assault.
Conditional threats: What was the principle in Tuberville v Savage?
It involved plaintiff Tuberville versus defendant Savage. The court held that a conditional threatening statement, without an imminent threat of harm, does not constitute an assault.
Battery: When is a battery committed?
A battery is committed when a person intentionally or recklessly inflicts unlawful force on another.
Does battery require physical contact?
Yes. Battery required physical contact with the victim so offence could not be carried out via the photo - causing psychiatric injury (R v Ireland).
Battery: can the force be applied directly or indirectly? Any example?
Yes. Force can be applied directly or indirectly.
Example - X pushed Y which meant she dropped and injured a he child she was carrying. They was convinced of the offence against that child (Haystesd V Chief Constance of Derbyshire), l
Battery: In DPP v Santana - Bermudez the defendant was held to have committed a battery against a police officer.
When he said he had no shape in possession but she caused her led on a needled when searched him.
What else is assault or battery refereed too?
Adults or common assault.
