Slides in this set
Summary offence- max sentence on a conviction of six months
imprisonment or a fine. Magistrates only. Fine is £5,000. Can give
12 months for two offences.
ACTUS REUS- Consists of an act which makes the victim fear
that unlawful force is about to be used against them.
No force needs to actually be applied; the fear is sufficient. E.g. of
assault- raising a fist at the victim.
WORDS ALONE CAN CONSTITUTE AN ASSAULT- Until the C/A
decision in R v Constanza (1997)- some uncertainty to whether
words alone could constitute an assault. This case, involving
stalking, said they could. HofL took this approach in Ireland v
Burstow (1997) so that silent phone calls could amount to assault.…read more
FEARING THE IMMEDIATE INFLICTION OF FORCE-
Traditionally been said that the V must fear the immediate
infliction of force. However requirement was undermined in
R v Ireland and Burstow (1997).
CAUSATION- Issue of causation may be relevant if there is
any question that D was not the cause of the relevant result.
The fear was there, but the D did not cause the fear.
MENS REA- Mens rea is either intention or subjective
recklessness. The D must have either intended to cause the
V to fear the infliction of immediate and unlawful force, or
must have seen the risk that such fear would be created.…read more
Assault + battery
It is subjective recklessness that is applied. This was
confirmed in Savage and Parmenter (1991).
(ASSAULT IS FEAR, BATTERY IS ACTION)
BATTERY- (Actual infliction of harm). S.39 of the CJA 1988.
Battery is a summary offence punishable with up to six
months imprisonment or a fine.
ACTUS REUS- Application of unlawful force on another. Any
unlawful physical contact can amount to a battery.
MENS REA- Again either intention or recklessness is
sufficient, but for unlawful force. The test for recklessness if
subjective so the D must realise the risk.…read more