OAPA

Question 1

Definition of Assault

Answer 1

D intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence Fagan v MPC

Question 2

Actus Reus of Assault

Answer 2

An act causing a person to apprehend infliction of immediate and unlawful force

• Act: Words (R v Wilson) Silence (R v Ireland) Words can negate assault (Tubervile v Savage)
• Apprehend: No need for physical force: (R v Burstow) must cause victim to believe (R v Lamb)
• Unlawful: No defences apply
• Immediate: Future threats unlikely to constitute force (Thomas v NUM), Immediate widely defined (R v Costanza)
• Force: Physical damage not psychological (R v Ireland)

Question 3

Mens Rea of Assault

Answer 3

Intentionally or Recklessly causing victim to apprehend immediate an unlawful personal violence (R v Venna)

• Intention: R v Maloney
• Recklesness (R v Cunningham) (R v Savage test)-> D must subjectively been aware of the risk yet gone ahead to take it anyway

Question 4

Definition of Battery

Answer 4

Direct, intentional and unlawful application of force (Fagan v MPC)

Question 5

AR of Battery

Answer 5

Unlawful application of force (R v Ireland)

• Application of force: Merest touch (Collins v Wilcock) Touching through clothes (R v Thomas) Application of force can be indirect (DPP v K)
• Unlawful: Everyday contact is lawful (Collins v Wilock)
• Omission: Act is continuous (Fagan v MPC)

Question 6

MR of Battery

Answer 6

Intentionally or recklessly carrying out the battery