BPP GDL SG Ch 7: Non-Fatal Offences Against the Person Flashcards
What cases confirm this definition of assault?
Fagan v MPC
R v Ireland; Burstow
Define assault
- when D ‘intentionally or recklessly
- causes another person to apprehend immediate
- and unlawful
- personal violence
what if the victim does not apprehend violence for assault? what case?
- R v Lamb
- no assault because the V did not fear the possible infliction of violence
what if D cannot carry out the threat for assault? What case?
Logdon v DPP
- fake gun irrelevant; V believed he could carry out the threat so he committed an assault.
What cases clarified that words alone could form the basis for assault?
- R v Wilson
- “get out the knives”
- R v Ireland, Burstow
What case states that the threat of violence must be immediate for assault?
- Tuberville v Savage
What cases suggest that courts will interpret ‘immediate’ loosely for assault?
- Smith v Superintendent of Woking Police Station
- R v Ireland; Burstow
- R v Constanza
For assault, what is meant by violence?
physical damage only
What is the MR for assault? What case?
- R v Venna
- intention or recklessness
- as to causing the V to apprehend
- immediate and unlawful violence
For assault, what test is used for recklessness? from what case?
- R v Cunningham test
- that this test is appropriate was confirmed in R v Savage; Parmenter
define battery. What case?
- actual intended use of unlwful force
- to another person without his consent
- Fagan v MPC
How significant must the force be for battery?
- the merest touching: Collins v Wilcock
- R v Thomas includes clothing
How aggressive does a touching need to be for battery?
- not at all
- Faulkner v Talbot (underage boy sleeping with his teacher)
- no need for hostility
How does indirect application of force work for battery?
- Haystead v DPP
- D’s force to a woman holding a baby caused her to drop it; his indirect application of force harmed the baby
- DPP v K
- acid in a hand dryer enough
What is the MR for battery? what case?
R v Venna
- D intentionally or recklessly applied force to the person of another
What gives the sentencing advice for actual bodily harm?
s47 Offences Against the Person Act 1861
What is the AR for actual bodily harm?
- R v Irelan; Burstow and DPP v Little
- an assault or battery
- both MR and AR for the assault or battery must be satisfied
what does ‘occasioning’ in actual bodily harm mean?
- that the assault or battery must cause actual bodily harm. normal principles of causation (but for + legal test) apply
What was the courts ratio in DPP v Santa-Bermudez?
- D created a danger (by exposing the officer to risk from the needle)
- D failed to avert that danger (by not telling the officer about the needle)
