Battery & Assault

Battery definition- [R v Ireland]

• ‘the defendant intentionally or recklessly applies unlawful force upon v’

Actus Reus: Battery

• application of unlawful force must be applied to V.

Mens Rea: Battery

• intentionally or recklessly applying unlawful force on V

E1 Battery. ‘Application’

• must be applied to the victim

• [DPP v K] The application of force need not be directly applied

E2 Battery. ‘Unlawful’

• Must be unlawful

• [Collins v Wilcock] more force was used than reasonably necessary

• [R v Thomas] touching a persons clothes whilst they are wearing them is equivalent to touching.

E3 Battery ‘Force’

• there must be sufficient force to constitute a battery

• [Faulkner v Talbot] Any touching will suffice, need not be rude or aggressive.

MR Battery: ‘Intention’ [R v Mohan]

• D must intend to apply unlawful force on V.

MR Battery: ‘Recklessness’ [R v Cunningham]

• D should know and foresee that their actions open a potential risk of harm.

Definition of Assault [Fagan v MPC]

• ‘an act where D Intentionally or recklessly causes V to apprehend immediate personal violence.

Actus Reus: Assault

• an act which causes V to apprehend immediate unlawful violence

• [Tuberville v Savage] words can negate to an assault.

E1 Assault: ‘An act’

• [R v Constanza'] written letters are sufficient for an act

• [R v Ireland'] silence is an ‘act’ which can amount to an assault.

E2 Assault: Causation

• Factual [R v White] ‘But For’

• Legal [R v Smith]

  • more than minimal

  • thin skull [R v Blaue]

  • third party [R v Jordan]

E3 Assault: Apprehend

• must apprehend some violence

• [R v Lamb] if V is not scared nor anticipates violence, there is no assault

• [Logclon v DPP] Does not need to be an actual threat for there to be an assault

E4 Assault: ‘Immediate’

• [Smith v Chief Constable of Woking]

  • not instantaneous but ‘imminent’

E5: Unlawful violence

• V simply needs to apprehend the level of force that amounts to a technical battery i.e. touching.

S.39 Criminal Just Act 1988:

• assault is a summary offence and carries up to 6 months.