Difference Between Assault and Battery
1. Assault
Definition:
Assault is an act that causes a person to apprehend immediate and unlawful personal violence. It is a threat or attempt to cause harm, whether or not physical contact occurs.
Key Points:
No physical contact is required.
The act must create reasonable fear or expectation of harm.
Intent to cause apprehension is necessary.
Case Laws:
R v Ireland (1997) – Repeated silent telephone calls causing fear were held to constitute assault.
Tuberville v Savage (1669) – A man put his hand on his sword but said “If it were not assize time, I would not take such language,” so no assault; words can negate apprehension.
Example:
Raising a fist at someone in a threatening manner without touching them.
2. Battery
Definition:
Battery is the actual infliction of unlawful physical force on another person. It involves direct contact, whether or not it causes injury.
Key Points:
Physical contact is required.
Contact can be harmful or offensive.
Intent or recklessness is usually necessary.
Case Laws:
Collins v Wilcock (1984) – A police officer who grabbed a woman’s arm without her consent committed battery.
Fagan v Metropolitan Police Commissioner (1969) – Accidentally driving onto a police officer’s foot became battery when the driver refused to remove the car, showing intent.
Example:
Punching, slapping, or touching someone in anger without their consent.
3. Key Differences Between Assault and Battery
| Feature | Assault | Battery |
|---|---|---|
| Nature of Act | Threat or attempt | Actual physical contact |
| Requirement of Contact | Not required | Required |
| Apprehension | Victim must fear harm | Fear is not necessary |
| Intent | Intention to cause apprehension | Intention to cause contact or harm |
| Example | Raising fist to scare someone | Punching or slapping someone |
| Case Law | R v Ireland (1997) | Collins v Wilcock (1984) |
4. Relationship Between Assault and Battery
Assault can exist without battery, e.g., threatening to hit someone.
Battery can exist without assault, e.g., sneaking up and hitting someone unexpectedly.
Often, assault and battery occur together, e.g., threatening someone and then hitting them.
Summary:
Assault = Threat / Apprehension of harm (fear is key, no contact required).
Battery = Actual physical harm/contact (contact is key, fear not necessary).
Both are torts and crimes; victims can sue civilly or press criminal charges depending on severity.
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