SlideShare a Scribd company logo
1 of 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.

More Related Content

More from lawexchange.co.uk

Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
lawexchange.co.uk
 

More from lawexchange.co.uk (20)

Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 
Law-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared ResourceLaw-Exchange.co.uk Shared Resource
Law-Exchange.co.uk Shared Resource
 

Law-Exchange.co.uk Shared Resource

  • 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.