Definition of physical assault (also known as battery)
Infliction of immediate, unlawful force. Does not have to be serious attack. Any unlawful touching (with appropriate mens rea) will suffice.
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Simple assault and physical assault
Normally go together, they don't have to. E.g. if defendant approaches victim from behind, unheard, and hits them over head so victim doesn't apprehend the force (no simple assault, just physical).
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Actus reus of physical assault
Infliction of unlawful personal force on victim.
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Types of injury to fulfil actus reus of physical assault?
Pushing, prodding, hitting and can involve use of weapon. Spitting or cycling over their foot. No injury (like cut or bruise) required.
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Examples of indirect force fulfilling AC of Physical Assault
Deliberately placing obstacle behind door so victim trips over it (e.g. DPP v K [1990] 1 WLR 1067) or defendant setting dog on victim.
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Significance of Haystead v Chief Constable of Derbyshire [2000] 3 AII ER 890 - indirect force fulfilling AC of physical assault
Defendant was guilty of physical assault on baby when he punched mother, causing her to drop baby. Demonstrated direct application of force not necessary to make him guilty of physical assault on baby.
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Mens rea of physical assault
Intentionally or recklessly inflict unlawful force.
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Other cards in this set
Card 2
Front
Simple assault and physical assault
Back
Normally go together, they don't have to. E.g. if defendant approaches victim from behind, unheard, and hits them over head so victim doesn't apprehend the force (no simple assault, just physical).
Card 3
Front
Actus reus of physical assault
Back
Card 4
Front
Types of injury to fulfil actus reus of physical assault?
Back
Card 5
Front
Examples of indirect force fulfilling AC of Physical Assault
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