Ace your A-level law exams with our concise Assault and Battery study summary! This easy-to-understand guide covers key definitions, legal principles, and landmark cases, ensuring you're well-prepared and confident. Perfect for quick revision and clarifying complex concepts, this summary is an esse...
Non-Fatal Offences – Common Assault
S39 Criminal Justice Act 1988
Defined as: D causing the Victim to apprehend immediate unlawful violence/force,
intentionally or recklessly.
1 Actus Reus
Assault does not require physical contact but instead the apprehension of immediate unlawful
violence. If violence cannot occur then there will be no assault.
Apprehend – the fear of belief that violence will occur or be inflicted
DPP v Logdon – pointing a fake gun to a woman who was unbeknownst of the fact it was not
real.
Immediate – not instantaneous but in the near future, occurring within a reasonable period of
time.
Smith v Chief Constable of Woking – a woman seeing a man outside her locked window
fearing he may do something to her in the future.
Unlawful Violence – the general fear that something will happen, this can be through:
- Written words (Constanza) sending threatening letters over a period of 20 months
- Spoken words (Ireland)
- Silent phone calls (Ireland) making a series of silent phone calls to women
- Words can also remove the action of assault (Tuberville v Savage) hand on his sword,
if it weren’t assize time I wouldn’t take such language from you
- Actions (Read v Coker) people surrounding D rolling their sleeves stating they would
break his neck if he did not leave
2 Mens Rea
Intentionally or recklessly causing the victim to apprehend immediate unlawful violence
Intentionally – When the defendant desires the consequence of the apprehension of
immediate unlawful force.
Mohan – Driving at a policeman who was blocking his path when trying to escape
Recklessly – When D takes an unjustifiable risk knowing that their conduct will cause V will
apprehend immediate unlawful violence and realises this.
Cunningham – ripped off the gas meter in an attempt to steal money in the meter, with the gas
leaking and poisoning his future mother-in-law.
Summary Offence – Sentence max of 6 months in prison +/ £5000 fine
Tried in the magistrates court
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller amiratsanusi. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.66. You're not tied to anything after your purchase.
