assault and battery cases

Collins v Wilcock 1984 - AR of battery

A police officer held a woman’s arm to prevent her from walking away. Any touching may be a battery, and always is if there was physical restraint.

R v Constanza 1997

The defendant wrote 800 letters and made phone calls to the victim., ruling that written words can be an assault if they cause victim to fear immediate violence.

Smith v Chief Superintendent (Woking) 1983

The defendant looked through the victim’s bedroom window late at night. Fear of what teh defendant would do next was sufficient for the AR of assault.

Tuberville v Savage 1669

Defendant put hand on sword and said ‘were it no assize time, I would not take such language from you’. Words cab prevent an act from being an assault, but it depends on the circumstances.

Wood (Fraser) v DPP 2008

An officer took hold of W’s arm to check his identity. This was a battery by the police and W was entitled to struggle to release himself.

Fagan v MPC 1968

Defendant, unknowingly stopped his car with a wheel on a policeman’s foot and refused to move when requested. The AR of battery can be an ongoing act so that the complete offence is committed when the defendant forms the MR.

DPP v Santa-Bermudez 2003

The defendant failed to tell a policewoman that he had a needle in his pocket - she was injured when she searched him. An omission is sufficient for the AR of battery.