assault and battery

Question 1

defintion and charging

Answer 1

both common law offences
charged under s39 criminal justice act 1988
max sentence 6 months or fine

Question 2

assault

Answer 2

act that causes victim to apprehend immediate and unlawful personal harm , with intent or subjective recklessness

venna

Question 3

ar assault

Answer 3

physical contact = not needed
- words, spoken/written = sufficent = Constanza
- silent phone calls - sufficent

• must apprehend force , = lamb
• threat must be immediate , doesn’t have to be instantaneous

Question 4

mr assault

Answer 4

intent or subjective recklessness as to causing victim to apprehend immediate unlawful force

Question 5

battery defintion

Answer 5

application of unlawful force with intent for sub reck as to applying that force

collins v wilcock

Question 6

ar - battery

Answer 6

mere touching - sufficient , collins v wilcock
- touching clothes = sufficient , Thomas

Question 7

mr - battery

Answer 7

intention/sub reck as to applying that unlawful force
transferrerd malice can be applied