Trespass against the Person (battery, assault, false imprisonment)

Question 1

Battery, 3 components:

Answer 1

Force applied intentionally
By immediate and direct means
Unlawful

Question 2

Battery first component:

Answer 2

Force applied intentionally (Intention, mens rea)
Must be voluntary, not involuntary
Can also be reckless in the use of the force to be intentional
I.e. Fagan v Metropolitan police commission 1969, D ran over C foot by accident, but did not move car when screamed at to do so, committing tort.

Question 3

Battery second component:

Answer 3

Direct / immediate (Action, actus reus)
Can be through a medium (i.e weapon) and not body
DPP v K [1990] - D poured acid into hand dryer in school, later on acid is blown onto other pupil
A short time gap between force applied and battery is ok
DPP v K [1990]

Question 4

Battery third component:

Answer 4

Unlawful
Legal justification
Context of situation

Question 5

Battery definition

Answer 5

‘Unlawful force that is direct and immediate applied intentionally’

Question 6

Assault, 3 components:

Answer 6

Reasonable apprehension of harm
Immediate and direct
Intentional

Question 7

Assault first component:

Answer 7

Reasonable apprehension of harm
Objective test, the next reasonable person would apprehend harm
Stephen v Myers [1830] - waving of a fist amounted to believing an imminent battery would occur.
Words? - R v Constanza, words can amount to assault if they cause apprehension of immediate harm.

Question 8

Assault second component:

Answer 8

Immediate and direct
Really part of the objective test for apprehension; defendant would not apprehend harm if the threat was not immediate nor direct in most circumstances

Question 9

Assault third component:

Answer 9

Intentional
Was there an intention by the defendant to cause an immediate and direct apprehension of harm
Or was there subjective recklessness as to causing it

Question 10

False imprisonment, 3 components:

Answer 10

Act must restrict claimant’s right to freedom and movement
Must not be authorised by law
Regardless of what the defendant believes to be legal, or claimant believes to be imprisoned

Question 11

False imprisonment first component:

Answer 11

Act must restrict claimant’s right to freedom and movement
Must restrict in every direction
If there is an ability to move in a singular, open way then not liable. If space is enclosed, i.e trapped in hallway, then held liable (Walker v Commissioner of Police of the Metropolis [2014])

Question 12

False imprisonment second component:

Answer 12

Must not be authorised by law
Police etc have special rights to imprison people based on certain factors

Question 13

False imprisonment third component:

Answer 13

Regardless of… defendant believes to be legal, or claimant believes to be imprisoned..
If defendant believes that they have the legal ability to imprison, this is not a defence
If claimant didn’t realise they were imprisoned, it still amounts to false imprisonment - Meering v Graham White Aviation Co Ltd (1920) - Case in which claimant was held in a waiting room by security, that had been instructed to not let them leave.

Question 14

3 Defences for tresspass against the person

Answer 14

Consent
Necessity
Self-defence

Question 15

Defence beginning with C requirements

Answer 15

Expressed or implied
Must not be induced by fraud, misrepresentation or duress
R v Williams [1923]
Can be refused by an adult of sound mind and full understanding
I.e. in cases where religious beliefs inhibit medical intervention (jehovah blood transfusion)
Cannot be given if claimant suffers bodily harm - R v Brown [1994]

Question 16

Defence beginning with N requirements

Answer 16

Necessity
Allows D to intervene to prevent greater harm to the claimant, public or third party
Normally used in medical scenarios where claimant is unconscious

Question 17

Defence beginning with S requirements

Answer 17

Self-defence
Criminal law act 1967 - Outlined that force as is reasonable in the circumstances in the prevention of crime
Two factors here:
1 - Force is reasonable and not out of proportion
2 - Honest and reasonable belief of being attacked