non fatal offences assault and battery

Question 1

name the 2 common law offences

Answer 1

assault
battery

Question 2

what are assault and battery charged under

Answer 2

s.39 criminal justice act 1988

Question 3

what is the maximum punishment for assault and battery

Answer 3

6 months
£5,000 fine
or both

Question 4

what can assault also be referred to

Answer 4

common assault

Question 5

is there touching in assault

Answer 5

no - majority of the time

Question 6

can assault be done through an omission + case

Answer 6

no
fagan

Question 7

what the definition of assault

Answer 7

any act by which one person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence

Question 8

what are the two actus reus for assault

Answer 8

an act
which causes the v to apprehend the infliction of immediate unlawful violence

Question 9

in assault give examples of what an act could be

Answer 9

sending letters- R v constanza
silent phone calls- R v ireland
spitting- R v misalati

Question 10

what is apprehension and give a case example

Answer 10

v must believe that immediate unlawful force is about to be used against them
r v lamb

Question 11

what does immediate mean and give a case example

Answer 11

imminent not instantaneous but in the near future
r v Ireland

Question 12

what does unlawful mean

Answer 12

eg no consent, self defence, lawful ect

Question 13

what does force mean

Answer 13

fear of any unwanted touching

Question 14

how can words negate assault

Answer 14

if words are used which qualify what is said then there may be no assault
tuberville v savage

Question 15

when can words not negate assault

Answer 15

is the d tells the v they will be hurt if they don’t stop doing something lawful

Question 16

what happened in the case of fagan

Answer 16

d drove his care in a police woman’s foot and refused to move
an omission cannot be assault

Question 17

what happened in the case of constanza

Answer 17

D wrote over 800 letters and called v many times some were taken as threats
assault isn’t always in person

Question 18

what happened in the case of r v misalati

Answer 18

d spat at v
dosent have to make contact/ use words

Question 19

what happened in the case of R v lamb

Answer 19

one boy shot the other not knowing how the gun worked
must be apprehension

Question 20

what happened in the case of r v light

Answer 20

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

Question 21

what happened in the case of r v ireland

Answer 21

d made silent calls to 3 women over 3 months
words don’t always have to be said

Question 22

what is the mens rea of assault

Answer 22

the intention or recklessness
to cause apprehension of immediate unlawful violence

Question 23

what is battery charged under

Answer 23

s. 39 criminal justice act

Question 24

what is battery also known as

Answer 24

assault by beating

Question 25

what is battery

Answer 25

application of unlawful force to another

Question 26

what is the definition of battery from collins v wilcock

Answer 26

a battery is the infliction of unlawful force on another person … any touching of another person however slight may amount to battery

Question 27

is battery a common law offence

Answer 27

yes

Question 28

what’s the 3 aspects of the actus reus of battery

Answer 28

actual infliction
force
unlawful

Question 29

what happened in r v thomas

Answer 29

d touched v skirt and rubbed it
guilty of battery

Question 30

can battery be done through an ommision

Answer 30

yes

Question 31

give an example of battery though an omission

Answer 31

DPP v santa bermudez

Question 32

what happened in the case of dpp v santa bermudez

Answer 32

d failed to tell police officer he had needles in pocket so she got poked

Question 33

what happened in dpp v k

Answer 33

d stole school acid and put in hand dryer someone used it and suffered permanent scaring
charged under s47 oapa

Question 34

what happened in haystead

Answer 34

d punched woman and she dropped her baby
no need for direct application of force

Question 35

what happened in r v venna

Answer 35

d kicked the hand of an arresting police officer
battery done recklessly

Question 36

what happened in r v spratt

Answer 36

d fired pellets out his window and hit a girl
even though he didn’t foresee the harm he was reckless

Question 37

what’s the mens rea of battery

Answer 37

the intention or recklessness
to apply unlawful force

Question 38

does battery have to be connected through a direct act give examples

Answer 38

no
dpp v k
r v martin