Offences Against the Person - Assault and Battery

Question 1

Where are statutory definitions of assault and battery found?

Answer 1

s.39 Criminal Justice Act 1988

Question 2

Breakdown of assault (8)

Answer 2

• conduct
• that causes
• another person
• apprehend
• immediate
• unlawful
• personal violence
• intentionally or recklessly

Question 3

What constitutes conduct of assault?

Answer 3

• an act -> not an omission
• words or silence

Question 4

What constitutes causing?

Answer 4

Causation rules

Question 5

What is important about apprehend?

Answer 5

• difference between fear and apprehension

Question 6

Breakdown of battery elements

Answer 6

• an act
• applies (uses / inflicts)
• unlawful
• Force
• intentionally / recklessly

Question 7

Can the force be indirect?
3 cases

Answer 7

Yes
◦ Fagan v MPC [1969] 1 Q.B. 439 - car
◦ R v Martin [1881] 8 Q.B.D 54 – iron bar
◦ DPP v K [1990] 1 W.L.R. 1067 – hand dryer

Question 8

Does the force have to be hostile?

Answer 8

No -> Faulkner v Talbot
BUT needs to be some actual physical contact -> R v Ireland

Question 9

Are the two separate offences?

Answer 9

• s.39 CJA 1988 refers to them as 2 separate offences
• Fagan says that as a short hand they can be refered together, but legally they’re separate
• DPP v Taylor says they’ve always been separate offences
• Ireland also highlights they are separate
• Law Comm acknowledges them as separate

Question 10

Are they statutory or common law offences?

Answer 10

• DPP v Taylor -> statutory since 1861 (OAPA)
• R (Ward) also says they’re statutory
• Law Commission, Reform of Offences against the Person is about as clear as mud but puts foward that they are common law
  -> ‘We think the better view is that they still exist as common law offences with provisions on procedure in statute’.