Flashcards in Common Assault & Battery Deck (18):
Fagan v Mpc 
"an assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence."
Causes victim to apprehend immediate unlawful personal violence
Victim need not be in fear but must be aware that they're bout to be subjected to violence. If victim does not anticipate unlawful personal violence, there is no assault
Logdon v DPP 
Where the victim apprehends immediate unlawful personal violence an assault will be committed even if there was no actual threat of violence:
R v Ireland 
Silence can amount to an assault. In this case D's silent phone calls.
Tuberville v Savage (1669)
Conditional threats cannot constitute assault
D said as he touched his sword "If it were not assize time, I would not take such language."
CA: held it was enought o prove "prove fear of violence at some time not excluding the immediate future" As long as the immediate future remained a possibility.
If D haslawful excuse to use force, actions will not amount to assault.
->Reasonable punishment of a child S.58 Children Act 2004
->Where the victim consents
->Where the defendant acts in self- defence or prevention of a crime
The term personal violence can be misleading in that the victim need only apprehend the level of force that amounts to a technical battery. Ie any touching will suffice.
Intent or Recklessness
Normal test of intent it is a crime of basic intent and therefore a crime where the liability of voluntarily intoxicated persons is resolved under the priciples of Majewski 
did the defendant foresee the harm that in fact occurred, might occur from his actions, but nevertheless continue regardless of the risk.
R v Ireland  Lord Steyn: "unlawful application of force by the defendant upon the victim"
a. Force does not have to be direct DPP v K
b. Excludes all contact generally acceptable for living in society: West Berkshire Health
Faulkner v Talbot 
Lord Lane CJ defined unlawful physical force as
"any intentional [or reckless] touching of another person without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude, or aggressive
Santana-Bermudez -Where V's finger was pierced by syring lying in D'spocket. Courts used approach Miller. D created danger by not telling police officer he had needle in pocket when asked before search commenced.
Hostility requirement may be imposed in cases where the contact does not cause blodily harm or bodily harm was unintended and unforeseen. Were conduct caused degree of harm hostility will be presumed.