non fatal offences assault and battery Flashcards
name the 2 common law offences
assault
battery
what are assault and battery charged under
s.39 criminal justice act 1988
what is the maximum punishment for assault and battery
6 months
£5,000 fine
or both
what can assault also be referred to
common assault
is there touching in assault
no - majority of the time
can assault be done through an omission + case
no
fagan
what the definition of assault
any act by which one person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence
what are the two actus reus for assault
an act
which causes the v to apprehend the infliction of immediate unlawful violence
in assault give examples of what an act could be
sending letters- R v constanza
silent phone calls- R v ireland
spitting- R v misalati
what is apprehension and give a case example
v must believe that immediate unlawful force is about to be used against them
r v lamb
what does immediate mean and give a case example
imminent not instantaneous but in the near future
r v Ireland
what does unlawful mean
eg no consent, self defence, lawful ect
what does force mean
fear of any unwanted touching
how can words negate assault
if words are used which qualify what is said then there may be no assault
tuberville v savage
when can words not negate assault
is the d tells the v they will be hurt if they don’t stop doing something lawful
what happened in the case of fagan
d drove his care in a police woman’s foot and refused to move
an omission cannot be assault
what happened in the case of constanza
D wrote over 800 letters and called v many times some were taken as threats
assault isn’t always in person
what happened in the case of r v misalati
d spat at v
dosent have to make contact/ use words
what happened in the case of R v lamb
one boy shot the other not knowing how the gun worked
must be apprehension
what happened in the case of r v light
d put a sword above v head saying if it wernt for the police he would split her head
words cannot negate assault is v actions are lawful
what happened in the case of r v ireland
d made silent calls to 3 women over 3 months
words don’t always have to be said
what is the mens rea of assault
the intention or recklessness
to cause apprehension of immediate unlawful violence
what is battery charged under
s. 39 criminal justice act
what is battery also known as
assault by beating
what is battery
application of unlawful force to another
what is the definition of battery from collins v wilcock
a battery is the infliction of unlawful force on another person … any touching of another person however slight may amount to battery
is battery a common law offence
yes
what’s the 3 aspects of the actus reus of battery
actual infliction
force
unlawful
what happened in r v thomas
d touched v skirt and rubbed it
guilty of battery
can battery be done through an ommision
yes
give an example of battery though an omission
DPP v santa bermudez
what happened in the case of dpp v santa bermudez
d failed to tell police officer he had needles in pocket so she got poked
what happened in dpp v k
d stole school acid and put in hand dryer someone used it and suffered permanent scaring
charged under s47 oapa
what happened in haystead
d punched woman and she dropped her baby
no need for direct application of force
what happened in r v venna
d kicked the hand of an arresting police officer
battery done recklessly
what happened in r v spratt
d fired pellets out his window and hit a girl
even though he didn’t foresee the harm he was reckless
what’s the mens rea of battery
the intention or recklessness
to apply unlawful force
does battery have to be connected through a direct act give examples
no
dpp v k
r v martin
