Assault and Battery
Question 1: Wilbur is flying his model aeroplane in a park. What crimes, if any, has he committed in each of the following circumstances?
An assault by definition has occurred when one has intentionally or recklessly caused the victim to apprehend immediate unlawful personal violence. Battery can also be considered under the topic of common assault, with the slight difference in its definition. Battery refers to the “direct application of force to the victim without their consent, and without a lawful excuse”. a )He deliberately flies the plane to hit Angela, who suffers a severe cut in the back of her head.
In the first case one can say that Wilbur has committed a battery, since he “deliberately flies his plane to hit Angela” without having a lawful excuse causing a severe cut in the back of her head. The case of Faulkner v Talbot (1981) establishes the definition of battery. The mens rea for a battery is that one intentionally or recklessly uses force against someone which has appeared here Since it is at the back of her head it could also be argued that it is without her consent that this happened.
In the second case it can be argued that Wilbur has committed an assault to Carol because he “is frightened as she sees the plane approach”. One of the elements which is required to convict the accused of assault is that the victim “must apprehend immediate unlawful violence”. In the case of Logdon v DPP, even if the defendant used an imitation gun, the victim still apprehended immediate unlawful violence, therefore it was an assault. The defendent was reckless as to whether she would apprehend such violence, as it seems to be the case here. There is no crime committed in the case of Bob, because he simply treats it as a joke because “Wilbur has done this on previous occasions”.
In this case Wilbur has committed a battery which resulted in Donna breaking her arm, Even though he does not see if there is anyone on the other side of the bush, the fact that he has hurt Donna without her consent and without a lawful excuse means that he has committed a battery.
It could be argued in the last case that Wilbur has committed a battery, because he intentionally flies the aeroplane at Ewan. However the fact that he has asked him to do it expecting to be hurt, does not change the facts greatly because the mens rea for battery is that the defendant intentionally uses force against someone, which Wilbur does.
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