Non Fatals: common assault

Question 1

Assault

Answer 1

Intentionally or recklessly causing the V to apprehend immediate and unlawful violence

Question 2

AR (assault)

Answer 2

1)An Act

Constanza- words alone can be an assault
Ireland- silence can be an assault

2) (Causing)the V to (apprehend) (immediate) and (unlawful violence)

Question 3

MR (Assault)

Answer 3

Savage- intention to cause the apprehension of immediate and unlawful violence or being reckless as to such an apprehension

Question 4

Battery

Answer 4

Intentionally or recklessly applying unlawful physical force on another

Question 5

AR (Battery)

Answer 5

Stated in Ireland- the application of unlawful physical force on another

Collins v Willcock- the slightest touch (holding an arm) can amount to a battery

Thomas- Touching clothes can be a battery

1) unlawful physical force
The fact that the victim does not consent will normally make the act unlawful

Force may be lawful in self defence

Furthermore in collins v willcock is said that everyday touching is not battery.

DPP v K- battery can be committed by an indirect act

Question 6

MR (Battery)

Answer 6

Venna- the intention to apply unlawful physical force or recklessness as to such force being applied

Latimer- transferred malice applies to battery

Question 7

What statute is common assault charged under?

Answer 7

S39 Criminal justice Act 1988

Summary offence 6 months