1. Assault and Battery Key Cases
Case Facts Principles
Constanza D wrote 800 letters and made Written words can be an
(1997) phone calls to V. assault if they cause V to fear
immediate violence.
Smith v Chief D got in to a garden and looked
Superintendent through Vs window on the ground Fear of what D would do next
floor at 11pm at night. V was terrified
(Woking) was sufficient for actus reus
and thought that V was about to
(1983) enter the room.
of assault.
Tuberville v D out his hand on his sword and Words can prevent an act from
Savage said ‘Were it not assize time, I being an assault, but it depends
(1669) would not take such language on the circumstances.
from you’.
Collins v Any touching may be a battery.
Wilcock A police officer held a woman’s Touching a person to get their
attention was acceptable, but
(1984) arm to prevent her walking away.
physical restraint was not.
D, unknowingly, stopped his car The actus reus of assault can be an
Fagan v MPC with a wheel on a policeman’s ongoing act so that the complete
offence is committed when D forms
(1968) foot and refused to move when
the mens rea.
requested.
DPP v K D put acid in a hand drier to An indirect act can be the
(1990) hide it- the next person to use actus reus of assault.
it was sprayed with acid.
DPP v D failed to tell a police woman
Santana- that he had a needle in his An omission is sufficient for
Bermudez pocket. She was injured when the actus reus of assault.
(2003) she searched him.
DPP v D, who had taken drink and Getting drunk is a reckless
Majewski drugs, attacked the landlord of course of conduct and is
(1976) a pub and police officers. sufficient for the mens rea of
assault.