Battery and Assault

12 cards·by JessicaYel

AR of Assault

D causes V to apprehend immediate unlawful violence

MR of Assault

Intention or Subjective recklessness as to the AR

As long as the V believes violence will be used by D in the near future this is apprehension (looking through window)

Smith v Woking

As long as V believes violence will take place this is enough for apprehension (replica gun)

Logdon v DPP

Assault can be committed through words or gestures (silent phone calls)

R v Ireland

AR of Battery

Inflicting unlawful personal force

MR of Battery

Intention or subjective recklessness as to the AR

Meaning of unlawful personal force : If you dont have permission to touch V and you do, even in the slightest way, that is a batttery

Cole v Turner

Unlawful force is the merest touch, and touching clothes is like touching skin (caretaker took hold of hem of skirt)

R v Thomas

Force can be applied indirectly to V (Baby fell out of mothers arms)

R v Haystead

Subjective Recklessness

R v Cunningham

Direct Intention

R v Mohan