Law 5110 Study Guide - Quiz Guide: Fagan V Metropolitan Police Comr, Woking Railway Station, Actus Reus
Document Summary
Non- fatal offences: assault, battery, assault occasioning abh, malicious wounding/gbh & wounding/gbh with intent. Assault: this involves causing another to apprehend the possibility of imminent unlawful violence. Battery: this involves an unlawful and unwanted contact with the body of another. A battery is proceeded by an assault and they are both often prosecuted together. Actus reus: d caused v to apprehend imminent unlawful force, there must be a causation link. Mens rea: d intended or was cunningham reckless that the v would apprehend imminent unlawful force. What is meant by apprehension of force: the victim has to apprehend the force. Lamb [1967]: there was no assault, because there was no apprehension. Savage & parmenter [1991]: the victim apprehended the beer, the assault was made out. Constanza [1997]: yes there was an imminent apprehension of unlawful force. Smith v supt of woking station [1983]: there was imminent fear of violence. Ireland v burstow [1998]: there was imminent force of apprehension.
