Question

Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

1. An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful force on a person.
2. A battery consists of an intentional application of force to another person without any lawful justification.

Factual Situation: Jagan was in his car when he was approached by a police officer who told him to move the vehicle. Jagan did so, reversed his car and rolled it on to the foot of the police officer. The officer forcefully told him to move the car off his foot at which point Jagan swore at him and refused to move his vehicle and turned the engine off. Jagan was convicted for assaulting a police officer in the execution of his duty. Is he liable for battery or assault?

Options

• He is not liable because there cannot be an assault in omitting to act and that driving on to the officer's foot was accidental, meaning that he was lacking men's rea when the act causing damage had occurred.

• He is not liable as the act neither amount to an attempt nor a threat to commit a battery that amounts to an actionable tort of assault.

• Jagan's crime was not the refusal to move the car but that of having driven on to the foot of the officer and decided not to cease the act, he had established a continual act of battery.

• He is neither liable for assault nor battery as he accidentally drove·his car on the police officer's foot.

Answer 1

Jagan's crime was not the refusal to move the car but that of having driven on to the foot of the officer and decided not to cease the act, he had established a continual act of battery.

Explanation:

There are 3 elements which are essential to prove an  act of assault:   
(1) INTENTION: The intention of the person is the first and the foremost thing that is considered an assault.   
(2) REASONABLE APPREHENSION: Reasonable apprehension means that when the person who is going to get hurt perceives or gets an idea that he is going to get harmed.  
(3) HARM:- The harm can be physical harm, harm out of threat or by offensive contact.   
Battery basically means an intentional application of force to another person with unlawful intent. The major 2 essentials of a battery are:-   
Use of force:- Use of force is an essential element to commit a battery.  Without Lawful Justification:- It is important that use of  force is essential but another important factor is that the act  should be unlawful,   
Assault is basically an apprehension that he is going to be harmed. The person basically feels that he is going to get hurt by the actions or gestures of the other person. It is basically a stage before a battery is committed.  In the case presented before us, we can easily conclude that Jagan committed battery and not assault as there was no apprehension but the force was used without lawful justification.
Hence "Jagan's crime was not the refusal to move the car but that of having driven on to the foot of the officer and decided not to cease the act, he had established continual act of battery." is correct.