Other questions in this quiz

2. Santana Bermudez

  • silence may amount to an assault where caused V to apprehend an immediate application of force.
  • ABH includes psychiatric injury provided it is not trival, but does not cover emotions such as fear or panic.
  • battery can be performed by an omission
  • mens rea of battery defined as intentionally or recklessly applying force to another person.

3. Ireland

  • Mens Rea of s.47 is intention or recklessness as to assault or battery.
  • any touching may be a battery unless part of a lawful arrest.
  • silence may amount to an assault where caused V to apprehend an immediate application of force.
  • battery can be performed by an omission

4. Miller

  • mens rea of battery defined as intentionally or recklessly applying force to another person.
  • confirmed in Roberts. There is no need for D to intend or foresee the ABH, provided D has the mens rea of assault or battery.
  • ABH means "any hurt or injury calculated to interfere with the health or comfort of the victim"
  • V apprehended immediate physical violence and D was reckless to this

5. Smith v Woking

  • assault can be through a window if V fears that D is about to enter and become violent.
  • indirect force is enough for battery.
  • Mens Rea of s.47 is intention or recklessness as to assault or battery.
  • silence may amount to an assault where caused V to apprehend an immediate application of force.

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