assault and battery Flashcards
What is assault
An assault occurs when a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. The person committing an assault does not have to touch the victim; the mere threat of physical harm is enough. If the victim believes that they will be physically harmed, an assault has occurred.
What is battery
A battery occurs when a person intentionally or recklessly applies unlawful force to another person, causing them physical harm. Unlike assault, battery requires actual physical contact between the perpetrator and the victim. It does not matter whether the contact was direct (e.g., a punch) or indirect (e.g., throwing an object at someone).
R v Ireland [1997] UKHL 34:
the House of Lords held that causing another person to fear immediate and unlawful violence could amount to an assault, even if the threat was made over the telephone. The court clarified that words alone could constitute an assault if they caused the victim to apprehend violence.
Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
In Fagan, the defendant accidentally drove his car onto a police officer’s foot and refused to move it when asked. The court held that the defendant’s refusal to move the car constituted a battery because it involved the application of unlawful force.
Collins v Wilcock [1984] 1 WLR 1172
This case clarified the principle that a battery could occur even if the touching was minimal. In Collins, a police officer grabbed a woman’s arm to prevent her from walking away during questioning. The court held that the officer had committed a battery because the touching was not justified under law.
Tuberville v Savage (1669) 1 Mod Rep 3
: This case established that words can negate the threat of violence and thus negate an assault. In Tuberville, the defendant placed his hand on his sword and said, “If it were not assize-time, I would not take such language from you.” The court held that there was no assault because the defendant’s words indicated that he would not use violence at that time
