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s.37 CJA 1988 (Assault and Battery)

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A2 Law (Offences Against the Person) Mind Map on s.37 CJA 1988 (Assault and Battery), created by Lucy Nove on 16/02/2017.
Lucy Nove
Mind Map by Lucy Nove, updated more than 1 year ago
Lucy Nove
Created by Lucy Nove almost 8 years ago
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Resource summary

s.37 CJA 1988 (Assault and Battery)
  1. Assault
    1. Intentionally or recklessly cause V to apprehend immediate or unlawful force: IRELAND
      1. By act or words, D causes V to apprehend immediate or unlawful force
        1. Omission is not enough
        2. Can be verbal, written or typed
          1. Letters can be an assault: CONSTANZA
            1. Silent phonecalls can be an assault: IRELAND
            2. V must apprehend force but need not be scared or actually in danger: LOGDON v DPP
              1. Must be an apprehension of immediate.
                1. Unlawful use of force at an unpredictable moment in the future is sufficient: SMITH v SWPS
                2. Words indicating that there will be no immediate force prevent an act from being an assault: TUBERVILLE v SAVAGE
                  1. Mens rea - intention or recklessness as to causing V to apprehend immediate or unlawful force: VENNA
                  2. Battery
                    1. Intentionally or recklessly apply unlawful force to V: COLLINS v WILCOCK
                      1. Force can include the slightest touching, but not the ordinary jostling of everyday life: COLLINS v WILCOCK
                        1. Unlawful force doesn't have to be applied to V's body, clothes are sufficient: THOMAS
                          1. Battery can be indirect: HAYSTEAD
                            1. Can be committed by an omission if D has a duty to act: DPP v SANTANA BEMUDEZ
                              1. Actus reus may be a continuing act: FAGAN v MPC
                                1. Mens rea - Intention or recklessness as to applying force to V: VENNA
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