Assault, Battery, ABH, GBH ( With Or Without Intent!) Flashcards
What is the section number and act for assault and battery?
S.39 Criminal Justice Act 1988
Define assault
To intentionally or recklessly cause the apprehension of immediate force.
What is the Actus Reus for assault?
Fear of immediate force
R v Lamb
No fear of immediate force
-gun case
R v Misalati
There was immediate fear
- racial abuse
Chambers v DPP
Clearly a joke- no fear
-Twitter-terrorism
R v Ireland
R v Constanza
Repeated silent calls
Loads of letters
- silence can amount to an assault
Tuberville v savage 1669
Words can cancel an assault
- old fashioned case with a sword
Smith v Chief superintendent Woking police station
Fear the possibility of immediate force
What is the mens rea for assault?
Intention or Cunningham recklessness
R v Cunningham
Saw the risk and take it anyway
What is the definition of battery?
The international or reckless application of unlawful force upon another person
What is the actus reus for battery?
Application of unlawful force upon another
Fagon v Metropolitan Police Commissioner
Victim need not be aware that he is about to be hit
- car over policeman’s foot
Collins v Wilcock
Slightest touch can be a battery
R v Thomas
Touching clothes can be battery
- care taker touches 12 year old skirt
R v Braham
Can be a battery even when the behaviour was meant to be affectionate
- force fed wife peas
R v Haystead
Battery can be indirect act
- d punched woman- she dropped baby
What is the mens rea for battery?
Intention or recklessness
R v Venna
Recklessness is sufficient means rea for battery
What is the section and act for ABH?
S.47 Offences Against the People act 1861
Define ABH
Any assault occasioning actual bodily harm.
What is the actus reus for ABH?
Assault/ battery
Occasioning
Actual bodily harm
R v Roberts
Touched girls clothes- assault
Jumped out of moving car- occasioning
Injured herself- ABH
R v Chan-Fook
Clinical psychiatric illness caused by defendant
Not liable as has to be skin, flesh or bones.
R v Ireland
Silent phone callls
Psychological harm can amount to ABH
DPP v Smith
Cutting hair can amount to ABH
Cut pony tail off
Is mens rea needed for ABH
No because there is no need to intend the further harm
Guilty even if they did or did not intend.
What is the section number and act for GBH without intent?
S.20 Offences Against the Person act.
What is the actus reus for GBH S.20
Unlawful
Wound
Grevious bodily harm
R v Brown and Stratton GBH S.20
POL: it’s the jury’s choice what is considered serious harm.
R v Bollom GBH S.20
Takes characteristics into account
17 month old baby would get damaged more.
R v Burstow GBH S.20
Psychiatric injury can be GBH
Stalker
R v Dica GBH S.20
Inflicting biological GBH
Gave two girls HIV
What is the key word to define the mens rea for GBH S.18?
Macliciously
R v mowatt mens rea GBH S.20
No need to intend GBH or wounding or to be reckless,
Foresight of some physical harm only is required
What is the section number and act for wounding or causing GBH without intent
S.20 Offences Against the Person Act 1861
Define GBH with intent
Unlawfully and maliciously by any means whatsoever wound or cause GBH to any person, with intent
What is the Actus reus for GBH with intent S.18
Same as S.20
Unlawful
Wound
Grevious bodily harm
What is the mens Rea for GBH with intent S.18
Must have the intention ( direct or indirect )
R v Nedrick GBH with intent S.18
Jury will need to ask themselves did the defendant appreciate GBH was a certain consequence of their action.
