NON FATAL OFFENCES S18/S20 Flashcards
what is the actus reus of assault?
an act which causes the victim to apprehend immediate, unlawful force
what are the two types of common assault?
assault and battery
what is the definition of battery?
the application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied
explain the case of Collins v Wilcock
two police officers
apparently saw two women soliciting for the purposes of prostitution.
they asked the appellant to get into the police car for questioning but she refused and walked away.
she refused to speak to the police officer again after he went after her, officer then took hold of her arm which she then became abusive and scratched his arm. she was convicted of assaulting a police officer in the execution of his duty, she appealed this on the basis that the officer was not acting in the execution of his duty. the court held that the officer had committed a battery and the defendant was entitled to free herself.
give a case which fits under a continuing act
Fagan v Metropolitan police commissioner-
D parked his car with one of the tyres over a police officers foot without realising, when the police officer asked him to remove it he refused to do so for several minutes.
court said at the start there was an act which could have been a battery but the full offence wasn’t committed at that point because there was no element of intention, however it turned into a battery when he refused to move the tyre from Vs foot
what is an indirect act?
where the defendant causes force to be applied, even though he or she does not personally touch the victim
occurred in R v Martin where the D placed an iron bar across the doorway of a theatre and then switched the lights off
several audience members injured in a panic whilst unable to open the door
martin convicted of an S20 offences against the person act 1861
what is the mens rea for assault?
either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused
the D must realise there is a risk their acts/words could cause another to fear unlawful personal violence
what is the mens rea for battery?
either an intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied
the D must realise that there is a risk their act or omission could cause unlawful force to be applied to another
describe the case of R v Constanza
D wrote 800 letters and made phone calls to V
courts declared that written words can be an assault if they cause V to fear immediate violence
describe the case of Smith v Chief superintendent
D looked through Vs bedroom window late at night
fear of what D would do next was sufficient enough for the actus reus of assault
