Non fatal Offences 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: Bronwyn MundayCreated on: 20-11-14 14:09 Smith v Woking assault can be through a window if V fears that D is about to enter and become violent. 1 of 14 Ireland silence may amount to an assault where caused V to apprehend an immediate application of force. 2 of 14 Logdon V apprehended immediate physical violence and D was reckless to this 3 of 14 Collins V Wilcock any touching may be a battery unless part of a lawful arrest. 4 of 14 Haystead indirect force is enough for battery. 5 of 14 Thomas Touching a persons clothes whilst they are still wearing them is equivalent to touching the person 6 of 14 Santana Bermudez battery can be performed by an omission 7 of 14 Venna mens rea of battery defined as intentionally or recklessly applying force to another person. 8 of 14 Miller ABH means "any hurt or injury calculated to interfere with the health or comfort of the victim" 9 of 14 Chan - Fook ABH includes psychiatric injury provided it is not trival, but does not cover emotions such as fear or panic. 10 of 14 T v DDP ABH includes loss of consciousness. 11 of 14 Smith ABH can occur to all parts of the body including hair. 12 of 14 Roberts Mens Rea of s.47 is intention or recklessness as to assault or battery. 13 of 14 Savage 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. 14 of 14
Comments
No comments have yet been made