An assault is a non-fatal offence against the R v Constanza (1997) – Court of appeal held that
person. Statute recognises their existence letters could be an assault. The Court of Appeal said
as both offences are charged under s.39 there was an assault as there was a ‘fear of violence
Criminal Justice Act 1988 which sets out that at some time, not excluding the immediate future.’
the maximum punishment is 6 months R v Ireland (1997) – it was held that even silent
imprisonment or £5,000 fine or both. telephone calls can be an assault. It depends on the
Definition: Criminal offence where a person facts of the does
Immediate case.not mean instantaneous, but
intentionally/recklessly causes another imminent. An assault can be through a closed
person to apprehend the infliction of window. Smith v Chief Superintendent of Woking
immediate and unlawful force on their body.
Police Station (1983) – D broke into a
An assault requires some act or words. An
omission is not sufficient to constitute an
Assaul garden and looked through V’s windows
t on the ground floor at about 11pm. V
assault. Words can be verbal or written.
The Act must cause the victim to saw the defendant staring at her
apprehend the immediate force is going R v Light through the window while she was in
to be used against them. There is no (1857) – her night clothes, causing her to jump
assault if the situation is such that it is defendant and scream in fright.
obvious that the defendant cannot raised a sword Tuberville v Savage (1669) – defendant
actually use force. above the head placed one hand on a sword and said, ‘if
R v Lamb (1967) – pointing an unloaded of his wife and it were not assize time, I would not take
gun at someone who knows that it is said, ‘were it such language from you’. This was held
Unlawful force – the force which is
unloaded cannot be an assault. This is not for the to be an assault because what was said
threatened must be unlawful. If it is
because the other person does not fear bloody
lawful, there is no offence of common
immediate force. However, if the other policeman assault.
, Battery is a non-fatal offence. Wood (Fraser) v DPP (2008) – the police received a report
Definition: ‘the intention or reckless of a man called Fraser throwing an ashtray at another
infliction of unlawful physical force upon person in the pub (but missed and it smashed). The police
the victim by the defendant. took hold of a person matching Fraser’s description to
The actus reus for battery is the check
application of unlawful force, this can
include the slightest touch.
Collins v Wilcock (1984) – two police
officers saw a woman on the streets for R v Thomas – the defendant touched and rubbed the
the purposes of prostitution. She refused victim’s skirt. The judges decided that there should be no
to talk to the police and walked away. One dispute, that when you touch someone’s clothes, you are
Batter Indirect act – R v Martin – the defendant
of the officers grabbed her arm to prevent touching them.
placed an iron bar across a theatre door,
her from leaving. She became abusive y
he then switched off the lights. In the
and scratched his arm. She later appealed
panic, many people were injured as they
her conviction, as it was the police officer
tried to escape the theatre. Despite the
who acted unlawfully by using restraint
defendant not actually
even though he was not arresting her. It
was later found that battery had been DPP v K – D was a 15-year-old boy, he took some
Omissions – in contract to assault, you sulfuric acid from lesson without permission in the
committed by the police officer and that
can commit battery through an omission. aim to see how it reacted with toilet roll. He panicked
the lady was therefore
DPP v Santa-Bermudez - when he heard footsteps and hid it in the hand dryer.
Lawful force – self-defence (reasonable), punishing children, arrest (police officer
touch/restraint), consent (if not harm).
person. Statute recognises their existence letters could be an assault. The Court of Appeal said
as both offences are charged under s.39 there was an assault as there was a ‘fear of violence
Criminal Justice Act 1988 which sets out that at some time, not excluding the immediate future.’
the maximum punishment is 6 months R v Ireland (1997) – it was held that even silent
imprisonment or £5,000 fine or both. telephone calls can be an assault. It depends on the
Definition: Criminal offence where a person facts of the does
Immediate case.not mean instantaneous, but
intentionally/recklessly causes another imminent. An assault can be through a closed
person to apprehend the infliction of window. Smith v Chief Superintendent of Woking
immediate and unlawful force on their body.
Police Station (1983) – D broke into a
An assault requires some act or words. An
omission is not sufficient to constitute an
Assaul garden and looked through V’s windows
t on the ground floor at about 11pm. V
assault. Words can be verbal or written.
The Act must cause the victim to saw the defendant staring at her
apprehend the immediate force is going R v Light through the window while she was in
to be used against them. There is no (1857) – her night clothes, causing her to jump
assault if the situation is such that it is defendant and scream in fright.
obvious that the defendant cannot raised a sword Tuberville v Savage (1669) – defendant
actually use force. above the head placed one hand on a sword and said, ‘if
R v Lamb (1967) – pointing an unloaded of his wife and it were not assize time, I would not take
gun at someone who knows that it is said, ‘were it such language from you’. This was held
Unlawful force – the force which is
unloaded cannot be an assault. This is not for the to be an assault because what was said
threatened must be unlawful. If it is
because the other person does not fear bloody
lawful, there is no offence of common
immediate force. However, if the other policeman assault.
, Battery is a non-fatal offence. Wood (Fraser) v DPP (2008) – the police received a report
Definition: ‘the intention or reckless of a man called Fraser throwing an ashtray at another
infliction of unlawful physical force upon person in the pub (but missed and it smashed). The police
the victim by the defendant. took hold of a person matching Fraser’s description to
The actus reus for battery is the check
application of unlawful force, this can
include the slightest touch.
Collins v Wilcock (1984) – two police
officers saw a woman on the streets for R v Thomas – the defendant touched and rubbed the
the purposes of prostitution. She refused victim’s skirt. The judges decided that there should be no
to talk to the police and walked away. One dispute, that when you touch someone’s clothes, you are
Batter Indirect act – R v Martin – the defendant
of the officers grabbed her arm to prevent touching them.
placed an iron bar across a theatre door,
her from leaving. She became abusive y
he then switched off the lights. In the
and scratched his arm. She later appealed
panic, many people were injured as they
her conviction, as it was the police officer
tried to escape the theatre. Despite the
who acted unlawfully by using restraint
defendant not actually
even though he was not arresting her. It
was later found that battery had been DPP v K – D was a 15-year-old boy, he took some
Omissions – in contract to assault, you sulfuric acid from lesson without permission in the
committed by the police officer and that
can commit battery through an omission. aim to see how it reacted with toilet roll. He panicked
the lady was therefore
DPP v Santa-Bermudez - when he heard footsteps and hid it in the hand dryer.
Lawful force – self-defence (reasonable), punishing children, arrest (police officer
touch/restraint), consent (if not harm).
