Assault + Battery

• What are the two main offences under Non-Fatal Offences Against the Person?

  Assault and Battery
• What did the Law Commission consultation (2014-2015) consider regarding Non-Fatal Offences?


  The need for reform in the laws governing Non-Fatal Offences
• How often are offences of violence charged in the criminal justice system?


  Up to 200,000 times each year
• Why is it essential for laws regarding Non-Fatal Offences to be clear and accessible?


  Due to increasing numbers of litigants in person, even in criminal cases
• What factors determine the classification of Non-Fatal Offences?


  Whether the victim was injured and the seriousness of the injuries
• What are the main offences categorized under Non-Fatal Offences?

  • Assault
  • Battery
  • ABH (Actual Bodily Harm)
  • GBH (Grievous Bodily Harm) s20
  • GBH (Grievous Bodily Harm) s18
• What is the legal definition of assault according to Collins v Wilcock (1984)?


  An act which causes another person to apprehend the infliction of immediate, unlawful force
• What is the maximum penalty for common assault and battery under s39 Criminal Justice Act 1988?


  Imprisonment for a term not exceeding six months, or a fine, or both
• Can assault be committed without actual physical force being applied?


  Yes, assault can occur through actions that cause apprehension of immediate force
• How can raising a fist at someone be considered assault?


  It causes the victim to apprehend immediate unlawful force
• What case established that words alone can constitute an assault?

  R v Constanza [1997]
• How did the case of R v Ireland and Burstow (1997) expand the definition of assault?


  It included silent phone calls as a basis for assault
• What does the term "immediate" mean in the context of assault?


  It means imminent, or about to happen
• In Smith v Chief Superintendent of Woking Police Station (1983), why was the defendant convicted of assault?


  Because the victim apprehended force despite being safely locked inside
• What is required for apprehension to be considered sufficient for assault?


  The apprehension must be of immediate, unlawful force
• What constitutes unlawful force in the context of assault?


  Any unwanted or unlawful touching
• What is the mens rea (MR) for assault?


  Intention or subjective recklessness in causing apprehension of immediate unlawful force
• What are the key elements and cases related to assault?

  • An act causing apprehension of immediate unlawful force
  • Key cases:
  • Meade v Belt: Words alone cannot constitute assault
  • R v Constanza: Written and verbal words count
  • R v Ireland and Burstow: Silent phone calls count
  • Tuberville v Savage: Words can negate an assault
• What is the definition of battery in the context of Non-Fatal Offences?


  The application of unlawful force on another person
• How is battery defined in terms of contact?


  It includes the slightest touching without the need to prove harm or pain
• What case illustrates how an omission can result in battery?


  DPP v Santana-Bermudez [2003]
• What was the outcome of DPP v Santana-Bermudez regarding battery?


  The defendant was liable for battery due to the omission of revealing a needle
• What are the key differences between assault and battery?

  • Assault: Causes apprehension of immediate unlawful force without actual contact
  • Battery: Involves the application of unlawful force, even if slight
• What is the significance of the term "imminent" in legal cases?


  It refers to something looming or about to happen.
• Which case established the concept of intention in legal terms?


  Mohan
• Which case is associated with the concept of recklessness?

  Cunningham
• What does S39 of the Criminal Justice Act 1988 summarize?


  • It outlines summary offences.
  • It includes definitions and implications of assault and battery.
• What is required for an act to be considered an assault?


  It must be an act, as no words or singing constitute an assault.
• What does the case R v Ireland and Burstow (1997) emphasize about assault?


  It emphasizes the need for the apprehension of imminent harm.
• What is the definition of battery in legal terms?


  It is the application of unlawful force on another person.
• What does "force" include in the context of battery?


  "Force" can include the slightest touching.
• Is it necessary to prove harm or pain for a battery charge?


  No, there is no need to prove any harm or pain has been caused.
• How is battery defined in terms of unlawful contact?


  It is better described as unlawful 'contact'.
• How can an omission result in battery?


  An omission can result in battery if it leads to the application of unlawful force.
• What was the outcome of DPP v Santana-Bermudez (2003)?


  D was convicted of s47 ABH after causing harm through an omission.
• What was the context of Collins v Wilcock (1984)?


  It involved police officers and a woman soliciting for prostitution.
• What did the court hold in Collins v Wilcock regarding the officer's actions?


  The officer committed a battery by unlawfully holding the woman's arm.
• What did Lord Goff state about touching someone to gain attention?


  It is acceptable as long as no greater degree of physical contact is used than necessary.
• Can touching a person's clothing be considered unlawful force?


  Yes, touching clothing can be unlawful force even if the victim feels nothing.
• What does the case R v Thomas (1985) illustrate about battery?


  It illustrates that touching a person's clothes while they are wearing them is equivalent to touching them.