Assault and battery

• What is a non fatal offence?

  Where the victim does not die but suffers some harm
• what are the 5 non fatal offences?

  Assault

  Battery

  Assault occasioning actual bodily harm

  malicious wounding or causing grievous bodily harm

  Malicious wounding or causing grievous bodily harm with intent
• What is the actus reus of assault?

  The act of intentionally causing apprehension of harmful or offensive contact.
• Which of the non fatal offences is the least serious?

  Assault, because the victim is not touched
• Where in the law is assault mentioned?

  Assault was developed through common law, and some aspects were covered in s39 of the criminal justice act 1988
• what are the key features of assault?

  Requires some act or words

  Silence is sufficient (r v ireland)

  Words alone are sufficient (r v constanza)

  The victim must apprehend immediate violence
• what is immediate defined as?

  In the case of smith v constable of woking police, immediate was defined as 'some time in the near future'
• What is the men's rea of assault?

  The defendant intends to or is subjectively reckless in relation to causing the victimto apprehend immediate unlawful personal violence.
• What are the two types of men's rea of assault?

  direct and oblique intention
• What is the meaning of subjective recklessness in terms of men's rea?

  The defendant recognises the risk that they will cause the victim to apprehend immediate violence, gives thought to the risk and takes it anyways.
• what is the actus reus of battery?

  where the defendant inflicts unlawful personal violence on the victim, either indirectly or directly.
• What are the key features of battery?

  This is the stage beyond an assualt where the defendant applies unlawful force on someone.

  The touching doesnt need to be hostile
• What is the case example of indirect battery?

  DPP v K
• what is the men's rea of battery?

  The defendant intends to inflict unlawful violence on the victim or is subjectively reckless.