Actus Reus- cause the victim to apprehend immediate unlawful force (Miller)
Mens Rea- intentionally/recklessly cause the victim to apprehend immediate unlawful force.
- silent phone calls amount to assault- (R v Ireland) D made a large number of telephone calls to women and remaining silent when they answered. A psychiatrist stated that as a result of the repeated telephone calls each of them had suffered psychological damage.
- rising a fist amounts to assault- (Read v Coker) D and his men surrounded P, rolling up their sleeves, and threatened to break P's neck if he did not leave. P was a rent collector who entered D's workshop and refused to go until the rent was paid.
- words alone amount to assault- (R v Wilson)- D said "get the knives out"
Actus reus: unlawful application of force (Collins v Wilcock) D refused to speak to a policewoman. The WPC took hold of D's arm to restrain her. D scratched the WPC's arm
Mens Rea: intent to apply unlawful force or be reckless
- slightest touch amounts to battery
- DPP v K; D placed acid in the drier to hide it from teachers at school, V used the drier and acid caused burns to his face
- R v Thomas; Caretaker of school held the hem of a 12 year old girls skirt
- Haystead; D caused victim to drop baby by punching him
Actus Reus: any assault/battery which results in 'any harm or injury calculated to interfere with the well being of the victim' (Rv Miller)-
Mens Rea: intentionally or recklessly inflict unlawful physical force
R v Chan Fook; the actual bodily harm may be psychological
R v Morris; the psychological harm must be a medical condition not mere emotion
R v Roberts; D made advances to V in the car, V jumped out of the moving car sustaining injuries
Malicious Wounding S20
Actus Reus: any breaking of 2 layers of the skin ( JCC v Eisenhower)
Mens Rea: Maliciously cause some harm
R v Saunders; 'really serious harm' - D punched V in the face causing V to suffer a broken nose and other injuries
R v Dica; D slept with two women knowing he was HIV positive- a disease can constitute GBH
Wounding/ Causing GBH with intent S18
Actus Reus: to cause grievous bodily harm or wounding
Mens Rea: intention to cause GBH or intent to resist arrest or intention to prevent the arrest of another
Mens Rea for section 18 requires intention as it is a crime of specific intent