U1B: NFO: Assault + Battery Flashcards
(23 cards)
What is Assault?
Making the Victim believe that they are about to be attacked
What Act/Section is Assault in?
S39 Criminal Justice Act
What are the requirements about Assault?
Must be an act OR words OR silence BUT not an omission
Words can ALSO negate an assault if they clearly convey the lack of intent to harm
-V= doesn’t need to be ‘scared’ but has to APPREHEND IT
-V = needs to think that the harm will take place ‘immediately’
-D = must have direct intention OR recklessness (MR)
What is the maximum sentence for Assault?
6 months imprisonment OR a level 5 fine
What is the case that proves words alone can constitute an Assault?
R v Constanza
What is the case that proves silence can be an Assault?
R v Ireland
What is the case that proves the V doesn’t need to fear violence but APPREHEND IT for Assault?
R v Lamb
D pointed a revolver at his friend V and pulled the trigger as a joke, but killed V
What case proves that V must think harm will be IMMEDIATE?
Smith v CSWPS
Which case proves that words can negate an assault?
Tuberville v Savage
What is the ruling on Mens Rea in Assault?
MR= Intention OR subjective recklessness to cause the victim to apprehend immediate and unlawful violence
Which case examples the MR of Assault?
R v Savage
What act is Battery under?
S39 Criminal Justice Act
What is the AR/definition for Battery?
Application of unlawful physical force on another
What constitutes as Battery?
Doesn’t need any pain/injury
-Contact
-Reddening of the skin
What are two case examples that help define the AR of Battery?
Collins v Wilcock
-R v Thomas
What does Collins v Wilcock say about the AR of Battery?
‘Any touching of another person, however slight, may amount to a battery’
What does Lord Goff say about the AR of Battery in Collins v Wilcock?
Must NOT be ‘unavoidable, everyday touching’
What does R v Thomas say about the AR of Battery?
“Touching of a person’s clothes is the same as touching the person themselves”
What is Indirect Battery?
Where D doesn’t touch them directly
Where there is another person or object involved
What are the two case examples for Indirect Battery AND what are they done through?
-DPP v K: Through object
-Haystead v Chief Constable: Through another person
What does the AR of battery say about Omissions?
Battery can be caused by an omission ONLY where there is duty to act
What is a case example for the Omissions in Battery?
R v Santana-Bermudez
What case defines the MR of Battery and what does it say?
R v Venna
MR= Intention or subjective recklessness as to the application of unlawful physical force on another
