Offences Against The Person

Question 1

Assault

Answer 1

An assault is any conduct by which D intentionally or recklessly cases V to apprehend immediate and unlawful personal violence

Fagan v Metropolitan Police Comissioner
R v Savage and Parmenter

Question 2

Actus Reus of Assault

Answer 2

D caused V to apprehend immediate force

Question 3

Immediacy?

Answer 3

Smith v Superintendent of Woking Police - looking through window

R v Ireland; R v Burstow - silent phone calls

Question 4

D’s ability to carry out the threat

Answer 4

R v Lamb - D pointer unloaded gun and V knew it was unloaded therefore there was no fear therefore no assault

Question 5

D’s words negating the threat

Answer 5

Tuberville v Savage - ‘if it were not assize time I would not take such language’

Question 6

D’s words as a conditional threat

Answer 6

Blake v Barnard - if you’re not quiet I’ll blow your brains out - D acquitted

Read v Coker - a conditional threat is still a threat

Question 7

Battery

Answer 7

A battery consists of the infliction of unlawful personal violence by D upon V

Question 8

Actus Reus of battery

Answer 8

D inflicted personal violence on V

Faulkner v Talbot - battery is the touching of another person, without the consent of that person and without lawful excuse. It need not be hostile or rude or aggressive

Question 9

Problem : implied consent and ‘everyday personal contact’

Answer 9

Collins v Wilcock - generally consent is a defence to battery and most of the physical contacts of ordinary life are not actionable because there is implied consent by all who move in society and so expose themselves to risk of bodily contacts

Question 10

Can be act or omission

Answer 10

Fagan v Met Police Commissioner

DDP v Santana Bermudez - battery by omission based on creation of danger duty in Miller

Question 11

Direct Battery

Answer 11

R v Savage and Parmenter - D threw drink on V

Question 12

Indirect Battery

Answer 12

R v Martin - caused stamped at theatre

Question 13

Mens Rea of battery

Answer 13

D intended or was subjectively reckless as to, the application of force or touching to V

R v Venna - kicking police officers

Question 14

Actus Reus of Actual bodily harm

Answer 14

D commits an assault or battery on V which caused actual bodily harm

R v Roberts - battery in car and girl jumped out ( reasonable foreseeability test )

Question 15

Mens Rea of actual bodily harm

Answer 15

D intended or was subjectively reckless as to the assault or battery on V

Question 16

CPS charging standards for ABH

Answer 16

The loss or breaking of teeth

Temporary loss of sensory functions inc loss of consciousness

Extensive or multiple bruising