cases

• What is the actus reus of assault and battery according to the Criminal Justice Act 1988?

  It involves actions that cause apprehension of immediate harm.
• What case established that words can reduce actions in assault?


  Tuberville v Savage
• What does the case Smith v Chief Superintendent Woking Police state about apprehension?


  Apprehension should be immediate.
• What does the case Constanza establish regarding words and assault?


  Words can constitute assault if they send a threatening message.
• What is the significance of the case Fagin v MPC in relation to assault and battery?


  It established the concept of a continuing act.
• What does the case Thomas relate to in the context of assault and battery?


  It relates to the touching of clothing as an extension of the person, and so contact is an act of battery.
• What does the case Santa Bermudez illustrate about omissions in assault and battery?

  Omissions can constitute an act of battery.
• What does the case Savage indicate about the mens rea of battery?


  It negated the offence based on the mens rea required.
• What is the distinction between direct and indirect intention as per Mohan/Woollin?


  Direct intention is setting out with the purpose of causing a consequence, while indirect intention is when the consequence is virtually certain to occur.
• What is the definition of ABH according to Chan Fook


  ABH is any hurt or injury calculated to interfere with the health and comfort of any victim.
• What does the case Miller state about the triviality of ABH?


  ABH must not be so trivial as to be wholly insignificant.
• What is the definition of GBH according to DPP v Smith/Saunders?


  GBH is defined as serious or very serious harm.
• What does the case Burstow indicate about psychological harm?


  Psychological harm can be classified as GBH if it serious or very serious harm.
• What is the definition of wounding according to Cv Eisenhower?


  Wounding is defined as breaking both the inner and outer layers of skin.
• What does the case Roberts indicate about the mens rea of ABH?


  Roberts had intention to harm, even if it came about differently.