assault + battery Flashcards
what is assault?
a common law offence
a summary offence (only triable in magistrates court)
carries a max sentence of 6 months imprisonment (s39 criminal justice act 1988)
what is the actus reus of assault?
the apprehension of immediate unlawful personal violence
what does apprehend mean? (actus reus)
the victim doesn’t need to be put in fear but must be aware they’re about to be subjected to violence
there doesn’t need to be an actual threat
can be actions, words, or even silence
words can negate an assault
what does immediate mean? (actus reus)
satisfied if the victim didn’t know what the defendant was going to do next
what does unlawful mean? (actus reus)
relates to the presence of a defence
what does personal violence mean? (actus reus)
the victim needs to apprehend the level of force that amounts to a technical battery
what is the mens rea of assault?
intending to cause/ being reckless as to causing the victim to apprehend immediate unlawful personal violence
key cases on assault
-Logdon v DPP - apprehend, fake gun, no real violence
-Tuberville v Savage - apprehend, words can negate an assault
-R v Parmenter - MR recklessness, d assaulted his baby son
what is battery?
a common law offence
a summary offence (magistrates court only)
carries a maximum sentence of 6 months imprisonment (s39 Criminal Justice Act 1988)
what is the actus reus of battery?
the application of unlawful physical force
what does application mean? (actus reus)
doesn’t need to be direct
what does physical force mean? (actus reus)
any touching will suffice, doesn’t necessarily have to be hostile, rude or aggressive
what is the mens rea of battery?
the intention / recklessness to apply unlawful physical force
key cases on battery
-DPP v K -application. school boy, acid hand dryer
