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Crim Law II Non Fatal Offences Studyguide (5) Revised (1153)
Crim Law II Non Fatal Offences Studyguide (5) Revised (1153)
Trend to use the term 'assault' in a broad sense to include both assault and battery. As James J
stated in Fagan v MPC:
(a) The Actus Reus: The actus reus of assault is any act which causes the victim to
apprehend an immediate infliction of violence, e.g. raising a fist or pointing a gun. See Logdon v
DPP [1976] Crim LR 121. The actus reus of battery on the other hand is unlawfully applying
physical force to another person. Fagan v. MPC [1969] 1 QB 439. Force may be applied
directly or indirectly.
(b) The Mens Rea: The mens rea for assault is that the defendant must have intentionally or
recklessly caused the victim to apprehend the immediate infliction of unlawful violence. The
mens rea for battery is that the defendant intentionally or recklessly applied unlawful force to the
victim.
R v Venna [1976] QB 421
R v Spratt [1990] 1 WLR 1073 ; [1991] 2 All ER 210
Majewski [1977] AC 443
R v Brown [1993] 2 All ER 75
DPP v. Parmenter [1991] 94 Cr App R 193
2. Aggravated Assault: Aggravated assault is a more serious form of threat than common
assault.
This category of assault includes:
(c) Wounding or causing grievous bodily harm with intent with intent to cause grievous
bodily harm
R v Mandair [1994] 2 All ER 715, held that "causing" was "wider or at least not narrower than
the word 'inflict'."
Belfon [1976] 3 All ER 46
Morrison [1989] Cr App R 17
Cunningham [1957] 2 QB 396; Crim LR 326
Nature of the consent: Consent must be free and not induced by threats, duress or fraud or
mental incapacity.