Non-Fatal Offences Against the Person: Lesson 10 Flashcards
What are the 2 ways of committing common assault?
- Assault
- Battery
Key points on Assault & Battery
- Common- Law offences
- No statutory definition
- Act involved is different
Define assault
- Act which causes victim to fear immediate unlawful force, either intentionally or by being reckless about causing fear
- R v Nelson 2013 the court of appeal stated for common assault D must have done something of a physical kind which causes someone to believe they’ll be struck
What is the actus reus for assault?
- An act: words ( verbal or written) or act. Omission isn’t sufficient to constitute as an assult.
- Unlawfulness of force: force which is threatened must be unlawful
- Causes victim to apprehend infliction of immediate unlawful force
Define battery
Application of unlawful force to another person either intending to apply physical force or from recklessness
What happened in R v Ireland 1997?
- Defendant consistently called 3 separate women over the course of 3 months
- During each call he didn’t speak but breathed heavily in the line
- Prosecuted & convicted for assault occasioning actual bodily harm
What the actus reus of battery?
- Application of unlawful force to another person
- Can be committed through continuous act e.g Fagan v Metropolitan Police Commissioner 1968
- Can be through an indirect act
When can criminal liability arise by way of omission?
- When defendant has duty to act
- DPP v K 1990
When can there be battery with no assault?
When the victim is unaware that an unlawful force is about to be used on them. The first thing they know is that they were struck.
What happened in DPP v K 1990
DPP v K 1990
- 15 yr old took acid from science lesson and put it in boys hand drier
- Pupil used drier and acid squirted in his face as the nozzle was pointed upward
- Defendant was charged with battery
At a party Tanya sneaks up behind Wilhelr, who she knows well and slaps him on the back, is there an assault and/ or battery?
No, Tanya knows Wilhelr
I turns quickly around and bumps onto Harry without realising. Harry shouts “if you weren’t wearing glasses I would hit you in the face” is there an assault and/ or battery?
No
- I didn’t purposefully bump into H
- For H to be charged with assault there needs to be immediate threat
What is the mens rea for assault?
- Intention to cause fear of immediate unlawful force
- recklessness as to whether such fear is caused
What’s the mens rea for battery?
- Intention to apply unlawful force
- Recklessness as to whether unlawful force was applied ( test is subjective)
What does it mean that assault & battery are classed as offences of basic intent?
- If defendant is intoxicated when doing actus reus it was done recklessly
- Fated in The House of Lords in DPP v majewski
