U1B: NFO: Assault + Battery Flashcards
What is Assault?
Making the Victim believe that they are about to be attacked
What Act/Section is Assault in?
S39 Criminal Justice Act
What are the requirements about Assault?
Must be an act OR words + not an omission
-V= doesn’t need to be ‘scared’
-V = needs to think that the harm will take place ‘immediately’
-D = must have direct intention OR recklessness
-Can be silence
What is the maximum sentence for Assault?
6 months imprisonment OR a level 5 fine
What is the case that proves words alone can constitute an Assault?
R v Constanza
What is the case that proves silence can be an Assault?
R v Ireland
What is the case that proves the V doesn’t need to fear violence for Assault?
R v Lamb
D pointed a revolver at his friend V and pulled the trigger as a joke, but killed V
What is the ruling on Mens Rea in Assault?
MR= Intention OR subjective recklessness to cause the victim to apprehend immediate and unlawful violence
What is a case example for the MR of Assault?
R v Savage
Mrs. Savage was convicted of unlawful wounding for throwing a beer glass at Miss Beal’s wrist
What act is Battery under?
S39 Criminal Justice Act
What is the AR/definition for Battery?
Application of unlawful physical force on another
What constitutes as Battery?
Doesn’t need any pain/injury
-Contact
-Reddening of the skin
What are two case examples that help define the AR of Battery?
Collins v Wilcock
-R v Thomas
What does Collins v Wilcock say about the AR of Battery?
‘Any touching of another person, however slight, may amount to a battery’
What does Lord Goff say about the AR of Battery in Collins v Wilcock?
Must NOT be ‘unavoidable, everyday touching’
What does R v Thomas say about the AR of Battery?
“Touching of a person’s clothes is the same as touching the person themselves”
What is Indirect Battery?
Where there is another person or object involved which is not directly controlled by D
What are the two case examples for Indirect Battery?
DPP v K
-Haystead v Chief Constable
What does the AR of battery say about Omissions?
Battery can be caused by an omission ONLY where there is duty to act
What is a case example for the Omissions in Battery?
R v Santana-Bermudez
What case defines the MR of Battery and what does it say?
R v Venna
MR= Intention or subjective recklessness as to the application of unlawful physical force on another
