Assault and Battery Flashcards
Constanza
Words or letters count as assault.
D wrote 800 letters and made phone calls to V. Last two letters were interpreted as clear threats.
Ireland
Even silent telephone calls can be an assault depending on the facts of the case.
D made a series of silent phone calls over three months to three different women. Each of them felt threatened.
Lamb
Pointing an unloaded gun at someone who knows it’s unloaded cannot be assault.
Two boys were playing with a revolver and believed it wouldn’t fire.
Smith
Immediate means imminent, assault can be through a closed window.
D broke into V’s garden and looked into their window. B was frightened and feared attack.
Tuberville v Savage
Words can negate an offence.
D placed hand on sword and said “if it were not this time, I wouldn’t take such language”.
His statement showed he wasn’t going to do anything.
Light
Words will not always negate an offence.
D said to wife, “if it weren’t for the police outside, I would split your head open.”
The wife feared that force was going to be used on her.
Collins v Wilcock
Fear of any unwanted touching is sufficient for unlawful force.
Police offices asked a woman, believed to be a prostitute, to get in the car. She refused and walked away.
The officer grabbed her arm to prevent her from leaving, she became abusive and scratched him.
She was charged with assault but was held the police officer committed battery.
Wood (Fraser) v DPP
Not necessary to be serious force, touch is enough.
Police officer took hold of Wood’s arm to check his identity. He struggles away, being charged with assault.
Was held that restraint prior to arrest was battery.
Thomas
Even touching clothing can be assault.
D rubbed the bottom of a woman’s skirt.
Court of Appeal stated “if you touch a person’s clothes while he is wearing them that is equivalent to touching him”
Fagan
Battery may be committed through a continuing act.
D parked on police officer’s foot and eventually moved after being told several times.
Martin
Battery can be committed by an indirect force.
D placed iron bar across doorway to a theatre and turned the lights off as a joke, several members of the audience were injured in the panic.
Haysted
Battery can be committed by an indirect act.
D caused a small child to be dropped by a woman from punching her.
DPP v Majewski
Assault and battery are crimes of basic intent.
D consumed alcohol and drugs. He then attacked landlord and some police officers.
Held that intoxication was reckless. This was enough to constitute the necessary mens rea.
A v UK
Use of force against children is unlawful.
Moderate chastisement of children in the UK is legal but beating a child is not.
Any use of force against a child breaks Article 3 of ECHR.
DPP v K
Battery can be committed by an indirect act.
D took acid from a science lesson to test reaction with toilet paper. They panicked and put it up a hand drier to retrieve later.
Another child used the hand drier and was sprayed with acid.
