Assault s39 CJA 1988 s. 47, 20, 18 OAPA 1988 Flashcards
Fagan v MPC
Any act which intentionally or recklessly cause another person to apprehend immediate and unlawful personal force
R v Ireland
Words alone can amount to assault. The silent telephone call could be an assault. Psychiatric harm included as AHB
R v Burstow
If the victim had feared that the defendant could strike at any time, suffice to establish the AR of assault. Include psychiatric
Savage and Parmenter
MR in S.20/s.47- No necessity to prove intentional/recklessness to cause ABH. Just I/R to assault.
R v Miller
ABH = interfere in health and comfort of the victim.
Coker
Conditional threats are not assault.
Haystead
Force may be indirect.
Eisenhower
Bruising or internal bleeding are not wounds.
T v DPP
Loss of consciousness = ABH
Smith
Cutting of hair = ABH
Really serious harm = GBH
Expert evidence.
Chan Fook
Psychiatric harm = ABH
Constanza
Actions, words, letters can constitute an assault.
Thomas
Touching victim’s clothing is battery.
Collins Kwilcock
Slightest touching can mean force in battery.
Dica
HIV- consent irrelevant- such serious harm. S. 20.