OAPA 1861 Flashcards
What are the two ways of committing common assault
Via assault or battery as set out in the Criminal Justice Act 1988
Max penalties
6 months prison/5k fine. mags court only
Definition of assault
‘an act which causes the V to apprehend the application of immediate on lawful force’
Where was it said that assault requires ‘the D to have done something of a physical kind which causes someone else to apprehend that they are about to be struck’
R v Nelson 2013
What does assault require (and what does that include)
acts or words. words can be assault and can be oral or written (R v constanza 1997). In R v Ireland 1997, silent phone calls can be assault
define immediate in assault
not instantaneous but imminent (smith v chief superintendent of woking 1983)
What can prevent an act from being assault
when someone indicates no violence will be committed (Tuberville v savage 1669)
define unlawful
w/o consent
Define battery
‘the application of immediate unlawful force’
Define force
‘the slightest touching’ collins v willcock 1984
do you have to touch the victim directly to commit battery
no you can touch their clothes (r v Thomas 1985) or you can indirectly cause a battery (DPP v K 1990)
Can omissions be sufficient for common assault
if D is under a duty to act then yes (DPP v Santa Bermudez 2003)
Examples of LAWFUL FORCE
Children Act 2004 you cannot commit a battery if it results in any injury, so yes and no
mens rea for assualt and battery
‘an intention to cause another to fear immediate unlawful personal violence or reckless to whether such fear is caused’ and ‘intent to apply unlawful force or reckless as to whether unlawful force is applied’. Classed as basic intent (DPP v Majewski 1976)
AR for ABH, s47 of OAPA 1861
Same as assault n battery as there must be one caused which results in an injury (ABH)