Copy and Edit

s.37 CJA 1988 (Assault and Battery)

Description

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 about 7 years ago
29
0
0

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
                                Show full summary Hide full summary

                                Want to create your own Mind Maps for free with GoConqr? Learn more.

                                Similar

                                Trespass to the person
                                pavlina.hunt
                                Contract Law
                                sherhui94
                                How Parliament Makes Laws
                                harryloftus505
                                A-Level Law: Theft
                                amyclare96
                                AQA AS LAW, Unit 1, Section A, Parliamentary Law Making 1/3
                                Nerdbot98
                                The Criminal Courts
                                thornamelia
                                Law Commission 1965
                                ria rachel
                                A2 Law: Cases - Defence of Insanity
                                Jessica 'JessieB
                                A2 Law: Special Study - Robbery
                                Jessica 'JessieB
                                Omissions
                                ameliathorn0325
                                AS Law Jury Case Quiz
                                Fionnghuala Malone
                                Browse Library