Non-Fatal Offences Against the Person Flashcards
What act is Assault and Battery charged under?
s.39 Criminal Justice Act 1988
What types of offences are Assault and Battery?
Common Law Offences
Maximum sentence and fine for Assault?
6 months in prison
£5000 fine
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
Actus Reus of Assault?
Must be an act which cause the victim to apprehend the infliction of immediate unlawful violence.
Omission is not sufficient
Cases for Actus Reus of Assault?
R v Constanza
R v Ireland
R v Lamb
Smith v Superintendent of Working Police Station
Tuberville v Savage
R v Light
What is stated in R v Constanza about Assault?
Letters with threat is sufficient
What is stated in R v Ireland about Assault?
Silent telephone call is assault
What is stated in R v Lamb about Assault?
Pointing an unloaded gun at V who knows it is unloaded is not assault
What is stated in Smith v Superintendent of Working Police Station about Assault?
Assault can be through closed windows if it causes fear
What is stated in Tuberville v Savage about Assault?
Statement saying D is not going to do anything is not assault
What is stated in R v Light about Assault?
Statement made that caused fear is assault
Definition of Battery?
The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as whether unlawful force is applied
Actus Reus of Battery?
Application of unlawful force to another
Cases for Actus Reus of Battery?
Collins v Wilcock
Wood v DPP
Fagan
DPP v K
DPP v Santa-Bermudez
What is stated in Collins v Wilcock about Battery?
Any touching may be battery
What is stated in Wood v DPP about Battery?
Police officer touching another, battery because he was not being arrested
What is stated in DPP v K about Battery?
Indirect act can also be sufficient for actus reus of battery