- Created by: Ellagaskell
- Created on: 13-08-20 14:22
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.
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.
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.
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
DPP v K
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.