1. If so which one?

2. Raising a fist behind a person’s back as if to strike them but changing your mind

3. Grabbing hold of a person’s shirt collar?

4. Scaring a person so much that they suffer from anxiety attacks for a week afterwards?

5. Pricking a person’s finger with a pin?

6. Offences against the person Non-fatal

7. General information Meaning of non-fatal? Five offences, two of which fall under the Criminal Justice Act 1988 and three of which fall under the Offences Against the Person Act 1861 Applies only to application questions in your exam

8. Non-fatal offences Assault (CJA 1988) Battery (CJA 1988) Assault Occasioning Actual Bodily Harm Grievous Bodily Harm and Wounding Grievous Bodily Harm and Wounding with Intent

9. ‘Common assault’ The lowest two offences, assault and battery, are sometimes referred to together as common assault They both fall under s39 Criminal Justice Act 1988 Both have a maximum sentence of 6 months imprisonment or a level 5 fine

10. Assault Normally takes the form of a threat or threatening behaviour Definition: To commit this offence the defendant must intentionally or subjectively recklessly cause another person apprehend immediate and unlawful personal violence Summary offence (Magistrates’ Court)

11. Actus reus of assault Causing the victim to apprehend immediate and unlawful personal violence Apprehend? Means to anticipate, the V doesn’t necessarily need to be in a state of fear There must be an act or words which cause this apprehension

12. Act or words Could include rising a fist or throwing a stone at the victim which just misses Cannot be committed by an omission Silent phone calls can be an assault R v Ireland

13. Act or words Words alone can be sufficient- R v Constanza Words can negate an assault- Tuberville v Savage (1669)- ‘If it were not for assize time I would not take such language’

14. Anticipation of immediate violence Must think that force is going to be used against them immediately No assault if obvious that D can’t actually use any force, e.g. shouts threats from a passing train Immediate violence is broadly construed- through a closed window in Smith v Chief Constable of Woking Police Station

15. Mens rea of assault Intention or recklessness to cause the victim to apprehend immediate and unlawful harm- R v Savage Direct intention or subjective recklessness

16. If assault… Say what the act or words are- include case law Is it immediate? IS the mens rea (MR) present? If battery… Read info on p198 and 199 Try to work out if it is a battery or not

18. Definition Stage beyond assault Includes actual application of force- contact Intentionally or recklessly applies physical force to the victim Summary offence

19. p199 Answer 4 scenarios in textbook For assault use your knowledge to give a full answer For battery, research the answer in your textbooks Use case law for both

20. Actus reus of battery Application of unlawful force on another Can be the ‘slightest touching’- Collins v Willcock Can include touching a person’s clothing- R v Thomas Can be a continuing act as in Fagan v MPC

21. Indirect battery Can be a battery where the D causes force to be applied even if they do not personally touch the V DPP v K Haystead

22. Mens rea for battery Intention or subjective recklessness to apply unlawful physical force- R v Venna