Assault and Battery

2 separate offences One can be committed without the other Together they are called “common assault” Both common law offences But they are recognised in Statute - S.39 Criminal Justice Act – states they are both summary offences with a maximum sentence of 6 months’ imprisonment or a fine.

Assault - Definition Ireland; Burstow – D intentionally or recklessly causes the victim to apprehend immediate and unlawful violence

Assault – Actus Reus Actus Reus: An act Causing the victim to apprehend immediate and unlawful violence

Assault – Actus Reus – “An act” Cannot be an omission Can be actions, gestures, words or silence E.g. waving a knife, a gesture like running a finger across your throat Constanza – Words alone are enough for an assualt – D stalked V and content of letters was an assault as V read them as threats – therefore other written communications like s and texts can also constitute assault Ireland; Burstow – Silence can amount to an assault - silent telephone calls Tuberville v Savage – words can also prevent an assault if they indicate D is not intending to cause the harm

Assault – Actus Reus – “Causing V to apprehend Immediate Violence or Force” “Cause”: Apply usual rules of causation “Apprehend”: If V doesn’t apprehend immediate force, assault has not been committed - Lamb – if other person is not afraid there can be no assault – 2 friends playing with a gun, one man shot by the other but no assault as the shot man had not appreciated that the gun would go off Don’t need fear – just apprehension/anticipation “Immediate”: Quite a wide interpretation of this - Smith v Chief Superintendent of Woking Police Station – “peeping Tom” looked through V’s bedroom window at night. She apprehended immediate and unlawful personal violence even thought he was outside – immediate does not need to be instantaneous Ireland; Burstow – V only needs to apprehend the “possibility” of an immediate attack – fear doesn’t need to be rational as long as genuine “Violence or force” V does not need to apprehend any injury, pain or harm Force apprehended can be a mere touch, provided it is unwanted Must be unlawful – usually due to lack of consent

Assault - Mens Rea Matches the AR Savage: Intention to cause the victim to apprehend unlawful and immediate violence; or Recklessness as to whether the victim apprehends unlawful and immediate violence Can be direct or indirect (oblique) intent Recklessness is Cunningham recklessness – D must realist that his acts or words could cause V to apprehend violence

Answering Questions on Assault 1.Was there an act? What was it? 2.Did the act: Cause (normal causation rules) V to apprehend Immediate Violence/force? 3.Was there intention or recklessness to cause V to apprehend unlawful and immediate violence