Assault & Battery flowcharts

BATTERY

Intentional

Direct

Force

Another

Letang v Cooper [1965]

Sunbather Legs

Can be with an object

Cole v Turner [1704]

"Least touching of another in anger"

Unlikely to be an issue!

Wilson v Pringle [1987]

"Hostile touching"

ASSAULT

Act

Reasonable

Immediate Infliction

Battery

Apprehension

Stephens v Myers [1830]

Blow which never lands (YES)

Tuberville v Savage [1669]

"Assize time". Gesture with words expressing no intention (NO)

Menace of imminent contact

Apparent ability to carry out the threat

DEFENCES

Consent

Self Defence

Defence of Property

Necessity

Reasonable force may be used in defence of property

Possession is not necessary

Reasonable force may be used in defence of one's person or another person

Must be acting on a reasonable (even if mistaken) belief of an attack

Reasonable force in the circumstances:

Revill v Newberry [1996]

Must be an urgent situation of imminent peril

Measures taken must be reasonable. What is reasonable will depend on whether life or property at risk

It is a defence that the claimant consented to defendant's act

Person of sound mind can refuse medical treatment or food

A Sportsperson cannot sue if the claimant was acting within the rules of the game

Re T [1992]

If harm is intentional but not direct - may be a Wilkinson v Downton [1897] claim