Offences: Non Fatal Offences: Common Assault

Assault and Battery: Statutes, Definition, Elements, Mens Rea, Cases

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  • Created by: Anisha
  • Created on: 12-06-11 15:45
What is included in Common Assault?
Assault and Battery
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What Case: Offences should be considered statutory, even though sentencing is only covered in s39
Little
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Causing V to fear harm
Assault
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As decided in what case?
Ireland; Burstow
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An Act means:
An Act or Words
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What happened in Constanza?
D wrote V 800 letters- could constitute as an assault
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What happened in Burstow?
Silent phone calls can be an assault
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What happened in Tuberville v Savage?
Threatened assault <<if it was not assize time>> if the words make it clear that there is no harm meant, no assault
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Define: Causing a V to apprehend immediate and unlawful violence
V does not have to to fear violence, V may just expect violence from D
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What is this case?
Lamb
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Immediate (for the purpose of law) means:
Used to mean Immediate, but now they are more liberal
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What is the name of the case that confirms this?
Smith v CC Woking Station
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What happened in this case?
V at home, saw D staring through the window of garden
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What does violence actually mean?
It can mean a touch that you did not want
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What case decided the Mens Rea of Assault?
Savage
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What did Cunningham decide?
D must realise that his act or words could cause the victim to apprehend violence
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Intentionally or recklessly applying unlawful force on another (or omission)
Battery
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What happened in Collins v Willcock?
PC detained a prostitute, with no intention to prosecute, he touched the arm of V
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Battery: V may not have not consented to being touched, but certain force is lawful even without consent
Unlawful Physical Force
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What happened in Martin?
D blocked an exit, then shouted fire, people hurt in the crash
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What happened in DPP v K?
D hid sulphuric acid in a hand drier; intention of removal, V used drier, face scarred
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What happened in Fagan v MPC?
D, unknowingly stopped his car over PCs foot, refused to move
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What case confirmed the types of Mens Rea (Reckless or Direct or Oblique)?
Venna
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Define the case: Consent is limited
Brown
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Card 2

Front

What Case: Offences should be considered statutory, even though sentencing is only covered in s39

Back

Little

Card 3

Front

Causing V to fear harm

Back

Preview of the front of card 3

Card 4

Front

As decided in what case?

Back

Preview of the front of card 4

Card 5

Front

An Act means:

Back

Preview of the front of card 5
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