assault and battery

• assault is charged under section 39 of the criminal justice act 1988
• assault is defined as 'putting a person in fear of immediate unlawful violence'
• actus reus of assault - putting the victim in fear - this can be by words, an act or by silence
• constanza - words are sufficient for actus reus
• ireland - silent phone calls
• smith - assault can be through a closed window/ be immediate as long as V didnt know what D would do next
• mens rea is direct intention (MOHAN) or to be subjectively reckless (CUNNINGHAM) as to putting the V in fear of immediate unlawful violence
• battery is charged under s39 criminal justice act 1988
• battery is defined as applying unlawful force to the victim
• actus reus is the act of applying the force and that this can be the slightest touching and that no injury is required
• haystead - force can be indirect
• dpp v K - act can be indirect
• SANTA BERMUDEZ - an omission is sufficient for actus reus
• collins v wilcock - slightest touching can amount to actus reus
• mens rea is to have intention (MOHAN) or to be subjectively reckless (CUNNINGHAM) as to applying force on the victim