The complete summary sheet for the Offences Against the Person part of A-level Law AQA. This includes cases and works as an essay plan with all the key point and information needed.
Definition: An act which causes the victim to apprehend immediate unlawful force, with
either intention or recklessness
R v Nelson (2013) - Must have a physical act which causes fear to be assault
‘Act’ - an omission is not sufficient, must be a act or words
R v Constanza (1997) - shows how words can be verbal or written, eg. 800 letters especially
last two were classed as being assault + “fear of violence at some time, not excluding
immediate future”
R v Ireland (1997) - held that silent telephone calls could be assault, depending on specific
facts of the case
‘Apprehend immediate unlawful force’ - can’t be assault in a situation where the
defendant can’t actually use force eg. someone shouts a threat from a passing train
R v Lamb (1967) - decided that pointing an unloaded gun to someone who knew that it was
unloaded can not be assault (if they didn’t know, then it would have been assault)
‘Immediate’ - does not mean instantaneous, but imminent
Smith v Superintendent of Woking Police Station (1983) - assault can be through a closed
window
Tuberville v Savage (1669) - shows that words indicating no violence may prevent an act
from being an assault
R v Light (1857) - showed that it depends on all the circumstances, in this case, the words
said were not enough to negate that fear
Fear of unwanted touching is sufficient - eg. could discuss how if the girl had not jumped
out of the car, the fear she felt of unwanted touching is assault
Examples of assault:
- raising a fist as if to punch
- throwing a stone and missing
- pointing a gun at someone within range
- making a threat
FORCE MUST BE UNLAWFUL
, Battery Summary - OATP
Definition: Application of unlawful force to another person either intentionally or recklessly
Actus Reus - Application of unlawful force to another person, force is slightly misleading as
it can be the slightest touch eg. Collins v Wilcock (1984)
Wood v DPP - similarly to Collins v Wilcock, shows how touching someone to get their
attention is acceptable provided that it was no greater than necessary BUT physical restraint
is NOT acceptable
R v Thomas (1985) - touching someone’s clothes could be sufficient as battery “there could
be no dispute that if you touch a person’s clothes while he is wearing them that is equivalent
to touching him”
Fagan (1968) - battery can be committed through a continuing act, became offence of
battery the moment intention was formed to leave the wheel on officer’s foot
R v Martin (1881) - battery can also be caused by an indirect act eg. in this case by a booby
trap
DPP v K (1990) - another example of battery caused by indirect act (this case was acid in
the hairdryer)
Haystead v Chief Constable of Derbyshire (2000) - another indirect act example
‘Unlawful force’ - genuine consent is lawful + self-defence or prevention of crime are also
lawful provided that they are reasonable in the situation
A v UK (1998) + Children Act 2000 - show that battery committed on a child is unlawful
Battery without assault - can occur in situations such as where the attacker comes up
unseen behind the victim’s back
Mens Rea - Intention or recklessness (basic intent crime), intoxication is seen as being
reckless
DPP v Majewski - shows intoxication as being reckless therefore not excuse for battery in
terms of mens rea (CAN BE CRITICISED)
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