Common assault case facts



Actus Reus of Assault: D and his friend were playing with a revolver which they both believed would not fire. D shot and killed V. Held that there was no assault as V didn't apprehend immediate and unlawful force.

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Tuberville v Savage

Negating violence: D placed his hand on his sword and said 'If it were not assize time, I would not take such language from you'. It was held that this didn't amount to an assault as the words indicated that no violence would occur. 

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Collins v Wilcock

Battery actus reus: PC grabbed the V's arm to prevent her from walking away, wasn't making an arrest. It was held that any touching may be battery and always if there is physical restraint.

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Battery actus reus: CA held that touching and rubbing a womans skirt is equivalent to touching the person wearing the clothes, and could amount to battery

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Battery actus reus: D placed acid in a hot air dryer to hide it from a teacher, V used the dryer and recieved acid burns to the face. Held that the D was convicted of s.47 ABH as it was seen that common assault can be committed indirectly.

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