Assault & Battery: summary offence, max. 6 months imprisonment or fine. Sentencing Guidelines: grazes, scratches, abrasions, minor bruising, swelling, reddening of skin, superficial cuts, black eye.
1 of 15
Collins v Wilcock (1984)
Defines Assault & Battery: "assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person", "battery is the actual infliction of unlawful force on another person."
2 of 15
Logdon v DPP (1976)
threatened to kill V, D said gun was loaded, gun was fake, amounted to assault, D was reckless.
3 of 15
R v Ireland (1997)
silent telephone calls, cause victim to apprehend immediate infliction of unlawful force.
4 of 15
R v Constanza (1997)
words enough; spoken or written, 800 letters to victim, V interpreted last 2 as threats.
5 of 15
Tuberville v Savage (1669)
words take away liability for assault, hand on sword = assault, but made statement to not use sword.
6 of 15
Smith v Chief Superintendent of Woking Police Station (1983)
V at home, D trespass on her property, immediate for assault even though behind window.
7 of 15
R v Ireland (1997) & R v Constanza (1997)
threat not immediate, interpreted liberally by courts.
8 of 15
R v Lamb (1967)
children playing with guns, shot friend, no fear = no assault.
9 of 15
R v Savage, Parmenter (1991)
Mens Rea Defined: D must have intended to cause V to fear infliction of immediate, unlawful force, or foreseen risk that such fear would be created.
10 of 15
Haystead v DPP (2000)
application not have to be direct, D punch woman, drop child, indirect battery of child.
11 of 15
Fagan v Metropolitan Police Commissioner (1969)
park car on officer foot accidentally, asked to move, refused, force applied indirectly, unlawful when refused to move.
12 of 15
Thomas (1985)
touch hem of skirt, same as touching girl herself.
13 of 15
DPP v Santana-Bermudez (2004)
D asked if had 'needles or sharps', failed to inform her, pricked finger on hypodermic needle, failure to inform of needle, satisfy actus reus.
14 of 15
R v Venna (1976)
Mens Rea for Battery: intention or subjective recklessness to apply unlawful force on another.
15 of 15
Other cards in this set
Card 2
Front
Defines Assault & Battery: "assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person", "battery is the actual infliction of unlawful force on another person."
Back
Collins v Wilcock (1984)
Card 3
Front
threatened to kill V, D said gun was loaded, gun was fake, amounted to assault, D was reckless.
Back
Card 4
Front
silent telephone calls, cause victim to apprehend immediate infliction of unlawful force.
Back
Card 5
Front
words enough; spoken or written, 800 letters to victim, V interpreted last 2 as threats.
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