Assault + Battery

Where is assault now defined

Used to be common law

R v Little confirms it is now under s39 CJA 1988

What is the maximum sentence and fine for Assault and Battery

- Up to 6 months imprisonment

- Up to £5000 fine

Actus Reus for Assault

Case examples

Act or words causing the victim to apprehend immediate unlawful force. An omission is not sufficient

Logdon v DPP - Used a fake gun to scare victims

R v Lamb - Victim was not in fear of the revolver and therefore was not assaulted

R v Constanza

2 Points

1. Court of Appeal held Written letters Amounted to an Assault

2. Shows Immediate means anytime not excluding the near future

D stalked a woman causing Clinical Depression

R v Constanza

Fear for unlawful force can be for anytime not excluding the immediate future

R v Ireland

Silent phone calls can be an Assault if they cause apprehension of fear

Smith v Chief

Shows Fear must be of Immediate Force for Assault

Does not have to be instantaneous but that force could happen very soon

D Broke into garden and was looking through window causing apprehension of immediate unlawful force

Tuberville v Savage

Words can prevent negate an assault

Ds words showed he was not going to use violence and there was no assault.

R v Light - Words were not enough to negate the fear

R v Misalati

Spitting can be an assault

Read v Coker

Threats/rolling up sleeves can amount to Assault

Mens rea of Assault

Intention or subjectively reckless to cause victim to apprehend unlawful force

Cunningham - defines Subjectively Reckless

Where is Battery contained under?

s39 of Criminal Justice Act 1988

Actus reus of battery + a case illustrating force

The application of unlawful force to another person

Thomas - Can be the slightest touch

Colins v Wilcock

3 points

1. Any touch without consent or legal justification can be Battery

2. Reasonable Touch is social situations is acceptable

3. There is no need to prove pain

Wood v DPP (Arrest)

Force used for an arrest is only lawful if the arrest itself is lawful

Arrest is lawful when there is reasonable suspicion + The person is informed they are under arrest and reasons why

Fagan v Metropolitan Police

Battery can be a Continuing Act

- Accidentally parked car on officers foot

- Continuing act of keeping the car on the officer’s foot became Intentional once Fagan refused to move it.

Two Types of Battery

Direct act

Indirect Act - DPP v K

DPP v K

Reinforced where

Established Battery can be indirect act

Defendant does not need to physically touch victim

Reinforced in Haystead - Recklessly punched woman causing her to drop her baby

When can battery arise from an omission

2 cases

When there is a Duty of Care eg contract, relationship

DPP v Santa-Bermudez - Officer was pricked by a needle in Ds pocket, D failed to let her know

R v Miller - Have a Duty of Care to prevent harm from a dangerous situation you created

R v Miller

Duty of care to prevent harm from dangerous situation created

Failure to do so amounts to Omission

- Set fire to his mattress which spread to his building. If he failed to alert others he could've been liable for battery.

Pegram v DPP

Victim must actually apprehend Unlawful Force

No Apprehension = No Assault

When is reasonable force lawful

1. In most cases when consent is given

2. In self defence

3. For the prevention of a crime

4. In physical chastisement of a child, without injury (A v UK)

What is the mens rea of battery

Intentional or reckless application of unlawful force onto another

R v Cunningham

+ another case

A person is Subjectively reckless when they Foresee the Risk of Harm and still take it

R v Venna - Confirmed Subjective Recklessness is sufficient for battery

Cases for Common Assault (Evaluation)

R v Thomas

MPC v Fagan

Smith v Superintendent

Santa Bermudez

R v Little

Immediate

Smith v Chief

1. Fear must be of Immediate Force for Assault

2. Does not have to be instantaneous but that could happen very soon