2020- Non-fatal Offences Against The Person Flashcards
What is the hierarchy of the non fatal offences against the person ?
Assault or battery- s47 ABH- s20 GBH- s18 GBH
What Is an assault
The fear of immediate unlawful physical force
What is a battery
For battery there is an actual unlawful force Eg a punch
What definition did Rv Nelson provide us with
“What is required for common assault is for the D to have done something of a physical kind which causes someone else to apprehend that they are about to be struck
Actus Reus of assault
There must be an act or something which cases victim to think the infliction of immediate force
What happened in R v Constanta
The court of appeal held that 800 letters and phone calls classes as an assault
R v Ireland
Silent telephone calls could be classed as an assault
What was decided on R v Lamb ?
An assault can’t occur if V knows they will come to no harm- pointing an unloaded gun at someone who knows it’s unloaded is not committing an assault
What was decided on Smith v Woking police station ?
Fear doesn’t have to be instant buy can be imminent- man stood and looked through victims window
Words Indicating no violence can not be an assault is shown in which case ?
Tuberville v Savage- old case “if it wasn’t for assize time “ he could have stabbed her assault not physically possible
Opposite for R v Light- when woman threatened with a sword when police officer was there
What is actus Reus of a battery ?
Physical application of force to another person
Collins v Wilcock ( battery )
Woman thought to be soliciting prostitution scratches police officer when he grabs her
Wood v DPP (battery)
Police grab man who matches description they do not make arrest and therefore had made a battery
What case showed that touching Clothes would be a battery
R v Thomas
Fagan v MPC (battery)
Man parks on police officers foot, no offence committed until he was made aware of being on officers foot
Which case showed that an indirect act causes a battery
DPP v K ( acid in a handrier)
Haystead v constable of Derbyshire ( man punches woman with baby )
Can an omission be a battery ?
Yes, in DPP v Santa-Bermudez the d had failed in his statutory duty to not tell the police officer about the needle
When is force not unlawful
When it is consented, has an element of self defence and chastisement of a child
When can there be a battery with no assault
When victim is struck from behind
Men’s rea of battery
“An intention to apply unlawful physical force to another or recklessness as to whether unlawful force to be applied”
Key points regarding ABH
Contained under s47 of the OAPA, triable either way and carries a maximum sentence of 5 years
What needs to be proven for an ABH to have been committed
An assault or a battery
What did T V DPP show us
That loss of consciousness is classed as an assault
S47 shows that cuts, bruises and what else fall under ABH
DPP v Smith = cutting of hair without consent ( substantial amounts )
Which case demonstrated that ABH covers psychiatric injury ?
R v Chan fook- man accused of stealing engagement ring locked in room and beat up
Men’s rea for ABH
Non specifically mentioned but must be either reckless or have intention to cause unlawful force R v Roberts ( woman jumping out of car) and R v Savage ( D throws beer and it cuts woman )
What is s20 GBH
Triable either way offence, maximum 5 year sentence ( same as ABH) and must go through 2 layers of skin or really serious harm
JJC v Eisenhower shows :
There was no cut so no GBH shotgun pellet had penetrated under surface of eye
What did R v wood show
Broken bones are not classed as GBH if skin isn’t broken
What Did DPP v Smith show ( 1961)
GBH could be really serious harm eg like in Saunders 1985
What happened in R v Burstow
8 year harassment campaign v was made to suffer. Changed law to include psychiatric harm as D ended up with a broken down marriage and severe depression
What was significant in R V Dica
D gave two women HIV after not telling them he had it, first time in law that transmission of diseases could be GBH
What did R v Bollom take into account
The child’s age affected whether it was GBH or not, because they were 17 months bruising could
Amount to a GBH
Inflicting GBH :
R v Burstow showed us that GBH doesn’t need an assault or battery but Ds actions only need suffering to come about for the victim
Men’s rea of s20 GBH
Must either be that D was reckless in their actions or have done something intentionally, prosecution must prove one of them
What is the difference between s18 OAPA and s20
S18 is when the damage is done with intent and S20 is less serious as it can be due to recklessness or intent to cause some harm
What is the maximum time someone can do for s18 GBH
Life imprisonment
Actus Reus of s18
“Wounding” or “causing ABH” the act must have caused the wound
What is the men’s rea of s18
The d must have done some GBH or resisted or prevent the lawful apprehension or detainer of any person
What happened in R v Taylor
Photographs shown and medical evidence were unsure to what the depth of the wound was. Judge told jury that the Prosecution had proved that there was an intent to wound, COA changed conviction to s20
What happened In R v Morrison
Police officer held D while arresting him. D dived through a window so her face was badly cut by glass. D was proven to have intended and injury or realised there was a great risk to injury and took it anyways
What are the 4 main reasons for reforming OAPA
157 years old
Inconsistencies in offences
Correspondence principle ( d must have intended for the injuries to occur)
Old language “maliciously” and “inflict”
What did the 1998 draft bill suggest
Replacing the different non fatal offences to clauses starting with most serious first
S18 GBH - clause 1
What did the 2015 report suggest
Replace s20 and make the men’s rea higher as well as the maximum prison time ( clause 2)
Replace s47 to include transmission of infectious diseases as well as including men’s rea
The 2015 report suggested adding which 3 types of assault
Aggravated- this would include cuts,grazes and swelling
Physical- would cover low level injuries below aggravated
Threatened - would cover assault
