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BTEC Applied Law Unit 3 P4, P5, M3, M4, D2
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- Canterbury College (CC)
2nd half of Unit 3 Applied Law, A level. Distinction tasks included.
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Holly Lawton Unit 3Unit 3 P4, P5, M3, M4, D2
Common Assault – The word assault has two meanings: the first is the general
term for a physical attack on another person; the second is a specific type of
offence. Common assault is the lowest level of an offence against the person. It
is not defined in any Act of Parliament but has been built up through cases and
judge-made law. There are two types of common assault, these are; Assault and
Battery.
Assault – To commit this offence the defendant must intentionally or
subjectively recklessly cause another person to fear immediate unlawful personal
violence.
Actus Reus of Assault – The actus reus of an assault requires some act or
words. There is no need for physical contact. The actus reus is completed when
the defendant does any act or says something which causes the victim to believe
that unlawful force is about to be used against him or her. Examples include
Raising a fist as though to hit the victim
Throwing a stone or object at the victim which just misses
Pointing a loaded gun at someone within range
Making a threat by saying something like “I am going to hit you”
However, there must be some act or words for an assault; an omission or failure
to act is not enough.
Fear of Violence – The important point is that the act or words must cause the
victim to fear that immediate force is going to be used against them. There is no
assault if the situation is such that it is obvious that the defendant cannot
actually use force, for example where the defendant shouts threats from a
passing train. Also, it has been decided that pointing an unloaded gun at
someone who knows it is unloaded cannot be an assault. This is because the
other person does not fear immediate force. If the other person thought the gun
was loaded then this could be an assault. Where violence is possible in the
immediate future, then the actus reus for an assault can exist. For example, an
assault can take place even though it is through a closed window. This was
decided in Smith v Chief Constable of Woking 1983. In this case the defendant
entered a private garden at night and looked through the bedroom window of the
victim. She was terrified and thought that he was about to enter her room. This
was enough for an assault.
Words as an Assault – Words are sufficient for an assault. The judges in the
case of Ireland 1998 pointed out that a man in a dark alley saying to a woman
‘come with me or I will stab you’ would cause her to fear immediate personal
violence. Even silent telephone calls have been held to be an assault. This was in
the case of Ireland 1998 where the defendant made several silent phone calls to
three different women. The victim may fear that the purpose of the phone calls is
to find out if she is home and that the caller is about to come to her home
immediately after the call. However, where the defendant says something to
indicate there will be no violence, then these words can prevent an act from
, Holly Lawton Unit 3
being an assault. This happened in the old case of Tuberville v Savage 1669
where a man put his hand on his sword as said ‘if it were not assize-time, I would
not take such language from you’. Although the man had done an act which
could have made the victim fear immediate violence, the words showed that no
violence was going to be used. The level of force need not be serious. Fear of any
unwanted touching is sufficient.
Mens Rea of Assault – The mens rea of an assault must be either an intention
to cause another to fear immediate unlawful personal violence or recklessness as
to whether such fear is caused. To be reckless the defendant must realise the risk
that his acts and/or words could cause another to fear unlawful personal
violence.
Battery – This is the stage beyond an assault where the defendant intentionally
or subjectively recklessly applies unlawful force to another. In many situations
there will be an assault followed quickly by a battery. This is what happens where
the defendant raised his fist to hit the victim in the face and then actually
punches him. The raising of the fist is the assault; the punch connecting with the
victim’s face is then the batter assault; the punch connecting with the victim’s
face is then the battery. It is possible, however, to have a battery without an
assault. This will happen if the victim does not know that force is about to be
used, like if someone hits you from behind.
Actus Reus of Battery – There must be some force. This can be the slightest
touching, such as a hand on one’s shoulder. The force may be through a
continuing act, as in Fagan v Metropolitan Police Commander 1968 where the
defendant parked his car on a police officer’s foot and left it there for several
minutes. A battery can also be through an indirect act such as a booby trap. In
this situation the defendant causes force to be applied, even though he does not
personally touch the victim. This occurred in DPP v K 1990 where the defendant
hid acid in a hot air hand drier in a cloakroom. Although he did not intend it, this
had the effect of the next person to use the hand drier being sprayed with acid.
Another example of indirect force occurred in Haystead 2000 where the
defendant caused a child to fall to the floor by punching the person holding the
child.
Mens Rea for Battery – The mens rea for battery must be either an intention to
apply unlawful physical force or recklessness that the force will be applied.
Where the recklessness is relied on, it is a subjective test, in other words the
defendant must realise the risk of physical contact and take that risk.
Assault Causing ABH (Actual Bodily Harm)- This is an offence un s 47 of the
Offences Against the Person Act 1861. The maximum sentence for this offence is
five years imprisonment. For the actus reus of s 47 there must be an assault or a
battery and this must cause actual bodily harm.
Actual Bodily Harm – ABH is ‘any hurt or injury calculated to interfere with the
health or comfort’ of the victim. This is very wide and covers such injuries as
bruises, scratches, a broken nose or finger or any other injury. It also includes
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