an act which causes the victim to apprehend the infliction of immediate unlawful force with intention or recklessness.
what is the actus reus of assault?
act
causes v to apprehend infliction of immediate unlawful force.
What act is assault and battery defined under?
s39 Criminal Justice Act 1988
What is the case that held letters can be assault?
R V Constanza
What did the R V Ireland case say?
held that silent phone calls can be an assault.
battery- the application of unlawful force to another person intending to either apply force or recklessness.
what is the the mens rea of assault and battery?
intention or recklessness.
Collins V Wilcock:
Actus reus of battery can include the slightest touching.
R V Thomas- touching clothing can be battery.
indirect act- DPP V K
defendant causes fprce to be applied without actually touching the victim.
omission to act- DPP V Santa Bermudez
mens rea of battery and assault:
either intention or recklessness as to whether fear is caused or force is applied.
Subjective test for recklessness, for an assault there must be a risk their actions could cause fear of violence. For a battery D must realise their actions could cause force to be applied.
