Assault and Battery
Criminal Justice Act 1988, s 39 – common assault and battery shall be summary offences
The distinction between an assault and a battery was set out in Collins v Wilcock
Assault:
Definition – Fagan v MPC ‘An assault is any act which intentionally – or possibly recklessly –
causes another person to apprehend immediate and unlawful personal violence’
Actus Reus:
Any act – according to Fagan v MPC, ‘any act’ would be an assault
A verbal act can also amount to an assault – R v Ireland; R v Burstow (‘a thing said is also a
thing done’)
Written (or verbal) words can also amount to an assault – R v Constanza
Pointing a gun can amount to an assault if V thinks the gun is real and loaded (even if it isn’t)
– Logdon v DPP
Words can negate an assault – Tuberville v Savage
If the victim does not apprehend force, then there is no assault – R v Lamb
(If V thinks the gun is fake or is not loaded (even if it is) then the act of pointing the gun
would not amount to an assault – R v Lamb)
(Failing to act would also amount to an assault – DPP v Santa-Bermudez)
Immediate – immediately does not mean instantaneously – Smith v Chief Superintendent of
Woking Police Station
The fear of violence must be at ‘some time not excluding the immediate future’ – R v
Constanza
Mens rea:
Intentionally or recklessly
Intentionally – something D wanted to do (see notes on intention)
Recklessness – ‘the accused has foreseen that the particular kind of harm might be done,
and yet has gone on to take the risk of it’ – R v Cunningham (see notes on recklessness)
Criminal Justice Act 1988, s 39 – common assault and battery shall be summary offences
The distinction between an assault and a battery was set out in Collins v Wilcock
Assault:
Definition – Fagan v MPC ‘An assault is any act which intentionally – or possibly recklessly –
causes another person to apprehend immediate and unlawful personal violence’
Actus Reus:
Any act – according to Fagan v MPC, ‘any act’ would be an assault
A verbal act can also amount to an assault – R v Ireland; R v Burstow (‘a thing said is also a
thing done’)
Written (or verbal) words can also amount to an assault – R v Constanza
Pointing a gun can amount to an assault if V thinks the gun is real and loaded (even if it isn’t)
– Logdon v DPP
Words can negate an assault – Tuberville v Savage
If the victim does not apprehend force, then there is no assault – R v Lamb
(If V thinks the gun is fake or is not loaded (even if it is) then the act of pointing the gun
would not amount to an assault – R v Lamb)
(Failing to act would also amount to an assault – DPP v Santa-Bermudez)
Immediate – immediately does not mean instantaneously – Smith v Chief Superintendent of
Woking Police Station
The fear of violence must be at ‘some time not excluding the immediate future’ – R v
Constanza
Mens rea:
Intentionally or recklessly
Intentionally – something D wanted to do (see notes on intention)
Recklessness – ‘the accused has foreseen that the particular kind of harm might be done,
and yet has gone on to take the risk of it’ – R v Cunningham (see notes on recklessness)
