assault, battery, ABH

• The AR of assault is making the victim apprehend immediate unlawful violence.
• The MR of assault is Intentionally or recklessly making the victim apprehend immediate unlawful violence.
• An assault crime must have no physical contact between D and V to remain an assault crime.
• The LP in R v Lamb regarding assault is that there was no unlawful act as no assault had been committed. This is because the victim did not apprehend violence.
• The AR of battery is applying unlawful physical force.
• The MR of battery is intentionally or recklessly applying unlawful physical force.
• Assault does not have to be immediate as long as it is imminent (Smith v CSWP).
• Silence can be an assault (R v Ireland).
• Gestures can be enough for an assault (Stephens v Myers).
• Words can negate the possibility of violence (Tuberville v savage).
• A slight touch can be classified as a battery (Collins v wilcock).
• Battery can be done indirectly (Haystead v DPP).
• Touching clothing can amount to a battery (R v Thomas).
• The MR of ABH is a common assault occasioning actual bodily harm.
• The MR of ABH is the same as the MR of the first common assault crime.
• ABH injuries must be more than trivial and less than serious. They can be psychiatric and clinical, but emotions such as fear or distress do not count (R v Chan-fook).