battery ,duress,Assault

what is battery

The intentional or reckless application of unlawful force to another person

what is the actus reus of Battery

Actual application of unlawful force

what is the mens rea of Assault

intention to apply unlawful physical force to another person or recklessness to whether the force is applied to another

what is there no requirement to prove in battery(case)

To prove harm or pain (Marland v Dpp

Examples of what the unlawful force can be (Case)

slightest touch(collins v willcock)  touching someone’s clothes while there wearing it ( R V Thomas) 

two ways battery can also be committed by (Case)

Omission ( Dpp v santana-bermudez - continuation act

what must the contact be

Hostile and be more than trivial or accidental (Wilson v pringle)

how can a force be unlawful

A Force without the victim’s consent

what case links to battery being able to be an indirect act

Dpp v K

mens rea of battery - intent -case

clear deliberate aim or purpose to apply unlawful force on to the victim(Venna)

mens rea of battery- recklessness-case

r v Parmenter this clarified that the defendant must foresee the risk that the unlawful foresees might be applied to someone but goes ahead with it regardless.

what type of offence is Assault and the punishments you might get

Its a summary offence that could lead up to 6 month imprisonment or carry A 5,000 fine along side a custodial sentence

What is the actus reus of Assault (Case)

Causing the victim to fear immediate and unlawful violence R V Lamb

Ways assault can happen through cases

Acts or words(R V Constanza) non verbal (R V Ireland) or gestures

What can negate an assault

Words can negate an assault if it is made clear no violence will follow

what can amount to an assault(Case)

Omission or continuation act can amount to an assault(Fagan v mpc)

what non action is sufficient for an assault 

Verbal threats 

What is mens rea for Assault

The intention to cause another person to fear immediate unlawful violence/Recklessness to whether such fear is caused.

two things to satify mens rea of assault

specific intent to cause fear of immediate unlawful violence-smith v woking police station or recklessness to where the fear is caused (R V Parmenter)

what is Duress by threat

excuses a defendant criminal conduct on the basis that they were forced to do it with threats of server personal injury or death

what is duress not available for

not available for murder (R V Howe) not available for attempted murder (R V Gotts)

what is in the subjective test in duress by threat

Fear of death or personal injury - severity - immediate and unavoidable-self induced

what case links to severity duress

R V Valderrama

what case links to immediate ,unavoidable and self induced

R V Hasan

if a defendant is forced to do something what must he do

commit the specified crime not another one -R V cole

what is the objective test

would a reasonable person with similar characteristics (AGE, sex, pregnacy,mental illness, physical illness

what is duress by circumstance

commits a crime due to an immediate threat of death or serious injury arising from the surrounding.

what is the subjective test for circumstance case

defendant genuinely believed that the circumstance would cause death or serious injury and there are no other reasonable alternative options but to commit the offence.(R v Willer)

what is the objective test for circumstance case

reasonable person which same characteristic would have acted the same (R v Conway)