1B - Non Fatal Offences Against The Person Flashcards
Assault and battery are common law offences under which act?
s.39 Criminal Justice Act 1988
What kind of offence is assault?
Summary offence with a sentence of 6 months
What is the actus reus of assault?
Act causing the victim to apprehend immediate unlawful force
What is the mens rea of assault?
The intention to cause another to fear immediate unlawful force or being reckless as to whether such fear is caused
Which case an omission (failure to act) was not enough for assault?
R v Nelson
Which case showed words can amount to an assault?
Constanza
Which case showed silence can amount to an assault?
R v Ireland
Which case showed that the victim must fear an unlawful force?
R v Lamb
Which case showed that immediate does not have to be instantaneous?
Smith v CS of Woking Police Station
What case showed that words can negate actions?
Tuberville v Savage
Which case do you contrast with Tuberville v Savage?
Light
What cases do you use to support the mens rea of assault?
Mohan, Woolin and Cunningham
What kind of offence is battery?
Summary offence with a sentence of 6 months
What is the actus reus of battery?
The application of unlawful force to another person
What is the mens rea of battery?
intending either to apply unlawful force or being reckless as to whether unlawful force is being applied
Which cases show that force and even the slightest touch can be enough to amount to a battery?
Collins v Wilcock
Which case shows that even touching a person’s clothing can be assault?
R v Thomas
Which case shows that a battery can be by continuing act?
Fagan v MPC
Which case shows that the failure to tell if a needle was sufficient for battery?
DPP v Santa-Bermudez
Which cases show the application of unlawful force can be an indirect act?
DPP v K
What is the definition of application of unlawful force?
genuine consent isn’t given and either express or implied and not in self-defence
What are some examples of possible battery’s without there being an assault?
Pushing somebody from behind, touching a blind person and if the victim doesn’t think the threat will be carried out
Where can the offence of ABH be found?
s.47 Offences Against The Person Act 1861
What kind of offence is ABH
Triable either way offence with a sentence of 5 years
How is ABH defined?
Whosoever shall be convicted of any assault occasioning actual bodily harm shall be liable to imprisonment for 5 years
What is the actus reus of ABH?
assault occasioning ABH
What is the problem with the actus reus of ABH?
There’s no definition of ‘assault’ or ‘bodily harm’ in the actus reus
What does assault in s.47 mean?
It means common assault - assault or battery
What is the mens rea for ABH?
It’s the mens rea for the underlying assault or battery
What does ‘occasioning’ mean?
Causing - normal rules of causation apply
How is mens rea for the underlying assault or battery defined for ABH?
MR for assault OR MR for battery
There does not need to be any intention or subjective recklessness as to causing harm
What is the problem with the mens rea for ABH?
Assault alone is about 6 months, but ABH is 5 years. The mens rea is the same even if they didn’t intend to cause harm just apply force. Unfair to the D but fair to the V
Where can the offence of GBH be found?
Offences against the person act 1861
Which section is GBH with intent in?
s.18
Which section is GBH without intent in?
s.20
What is the actus reus of s.20 OAPA 1861?
to unlawfully wound or inflict GBH
What is the difference between s.18 and s.20 OAPA 1861?
s.20 says wound or cause whereas s.18 says wound or inflict
What does inflict mean?
It means ‘causing’ thus meaning the actus reus of s.20 and s.18 are the same and we use the same cases
- doesn’t need an assault or a battery to cause it (normal rules of causation apply)
- R v Burstow
What is the actus reus of s.18 OAPA 1861?
to unlawfully wound or cause any GBH
OR
resist/prevent arrest
What is the mens rea of s.18 OAPA 1861?
maliciously and intention to do some GBH
OR with intent to resist or prevent the lawful apprehension or detainer of any person
recklessness isn’t enough to satisfy the offence
- P must prove D’s purpose is to cause GBH (Belfon)
- intention to wound is not enough (Taylor)
- P must prove D had intention to resist/prevent arrest but only that he was reckless as to whether his actions would wound or cause injury (Morrison)
What is a wound?
Cut or break in all layers of skin - ie not a scratch
It can be a break in internal skin eg. bleeding inside the mouth but not internal bleeding. A nose bleed may not be a wound if its a result of internal damage
- JCC v Eisenhower
Mens rea for s.20 OAPA 1861?
The intention or subjective recklessness as to causing some harm albeit not serious harm (Parmenter)
‘maliciously’ doesn’t require any ill will (Cunningham)
And there is no need for the D to foresee a risk of wound or serious harm - only some harm
Maliciously in s.18 OAPA 1861?
Held that maliciously adds nothing where GBH is intended
What about resisting arrest in s.18 OAPA 1861?
The prosecution must prove D had the intention to resist or prevent arrest but only that he was reckless as to whether his actions would wound or cause an injury
What is GBH?
- ‘really serious harm’ DPP v Smith
- ‘serious harm’ held that ‘serious’ added nothing Saunders
- take into account V’s age and health Bollom
- serious psychiatric harm can be GBH Burstow
- can be disease Dica
- does not need contact Martin
