Assault And Battery Flashcards
(14 cards)
What are non-fatal offences against a person?
These are offences against a person that do not result in death but may cause various degrees of injury.
What does S39 of the Criminal Justice Act 1988 provide?
Assault is a summary offence (tried in a magistrates court), carrying a maximum sentence of 6 months imprisonment or a fine.
How are assault and battery categorized?
Assault and battery are both common assault offences.
What is the definition of assault as per R v Venna?
Assault is ‘the intentional or reckless causing of an apprehension of immediate unlawful personal violence.’
What is the first component of the actus reus for assault?
‘Apprehension’: The victim need not be put in fear but must be aware of imminent violence (R v Lamb).
What is the second component of the actus reus for assault?
‘Immediate’: The harm must be immediate (R v Constanza).
What is the third component of the actus reus for assault?
‘Unlawful’: There must be an absence of legal defense (Tuberville v Savage).
What is the first component of the mens rea for assault?
Intention: Where the defendant intended to cause the victim to fear. (Savage)
What is the second component of the mens rea for assault?
Recklessness: The defendant must have seen the risk that fear could be caused (Cunningham).
What is the definition of battery as per R v Ireland?
‘The defendant intentionally or recklessly applies unlawful force upon the victim.’
What is the first component of the actus reus for battery?
‘Application’: This need not be direct (DPP v K).
What is the second component of the actus reus for battery?
‘Unlawful’: There must be an absence of defense (Collins v Wilcock).
What is the third component of the actus reus for battery?
‘Physical violence’: Even minimal touching is enough (Thomas).
Can battery be committed by omission?
Yes, but only when there is a duty to act.
