S39 - Assault & Battery Flashcards
1
Q
Assault defenition
A
Any act that causes of intent or recklessness that causes someone to feel a threat of immediate unlawful violence. Done by means of serious threats, ominous phone-calls (R v Ireland), or any scenario where one would experience potential for immediate unlawful force.
2
Q
Assault mens rea
A
Intention or recklessness
3
Q
Assault actus reus
A
Apprehension of immediate unlawful force
4
Q
Battery definition
A
When a person intentionally and recklessly applies unlawful force to another. In other words; when an individual goes out of their way to harm someone (intentional) or is certain that there is a risk, but goes through with it anyway (reckless).
5
Q
Battery actus reus
A
The application of unlawful force
6
Q
Battery mens rea
A
