CJA 1988 (assault and battery) Flashcards
(18 cards)
what section of the act does assault and battery come under?
s.39
what is the maximum sentence for s.39 offences?
6 months
AS - definition of assault?
to intentionally or recklessly cause the victim to apprehend immediate unlawful personal violence
AS - what is needed to AR?
- positive act (cannot be an omission)
- must be an act or words
- apprehension of force
- immediate force
AS - what is the rule for a positive act?
any unwanted touching is enough - doesn’t have to be a serious force
AS - rules on word/act with cases
- Ireland = silence is sufficient
- Constanza = letters are sufficient
AS - principle from Logdon?
victim must apprehend unlawful force
AS - principle from Lamb?
V must apprehend immediate force, if it is obvious immediate force cannot be used then there is no assault
AS - principle from Tuberville v Savage?
words can negate assault
D may look violent but of he says he is not then no assault
AS - principle from Smith v CCoW?
the force must be immediate, not meaning instantaneous but imminent
AS - what is the MR?
either:
- an intention to make V apprehend immediate unlawful violence (aim, purpose and desire)
Mohan
OR
- recklessness so aware of the risk but taking the risk anyway
Cunningham
BA - definition of battery?
to intentionally or recklessly apply unlawful force to another
BA - principle from Thomas?
there must be some force, touching is enough
BA - principle from Collins v Wilcock?
the force must be unlawful
BA - what lawful forces negate the offence of battery?
- implied consent in normal social situations
- taps on shoulders to get attention
- jostling on public transport
- bumping in corridors in schools
BA - does V need to suffer any harm?
no
BA - principle from DDP v K and then Haystead?
battery can come from indirect force
BA - what is the MR for battery?
either:
- intention to apply unlawful physical force (Mohan)
OR
- reckless that the force will be applied
