Chapter 15 - Non-fatal offences against the person Flashcards
What is the offence under s 39 of the Criminal Justice Act 1988?
Common assault
What are two ways of committing common assault?
(1) assault
(2) battery
Are assault and battery common law offences?
Yes
What is the maximum punishment for assault and battery?
6 months imprisonments or £5,000 fine
What is the definition of assault?
An assault is an act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused
What is the actus reus of assault?
An act which causes the victim to apprehend the infliction of immediate, unlawful force
Is an omission sufficient for the AR of assault?
No
Are words sufficient for the AR of assault?
Yes
What case is associated with words being sufficient for the AR of assault?
R v Constanza (1997)
Which case held that silent phone calls could count as assault?
R v Ireland (1997)
What must the act cause the victim to apprehend?
The act or words must cause the victim to apprehend that immediate force is going to be used against them
What case is associated with the apprehension of immediate unlawful force?
R v Lamb (1967)
What does immediate mean?
Immediate doesn’t mean instantaneous but imminent
What case is associated with force being immediate?
Smith v Chief Superintendent of Woking Police Station (1983)
Words indicating that there will be no violence may prevent an act from being an assault, which case does this principle come from?
Tuberville v Savage (1669)
Must the force which is feared be serious?
No
What are some examples of assault?
(1) raising a fist as though about to hit the victim
(2) throwing a stone at the victim which just misses
(3) pointing a loaded gun at someone within range
(4) making a threat by saying ‘I am going to hit you’
Must the force which is threatened be unlawful?
Yes, as if it is lawful then there is no offence of common assault
What is the mens rea of assault?
(1) intention to cause another to fear immediate unlawful personal violence
(2) recklessness as to whether such fear is caused
What is the definition of battery?
Battery is the application of unlawful force to another person intending either to apply unlawful physical force to another or being reckless as to whether unlawful force is applied
What is the actus reus of battery?
The application of unlawful force to another person
What cases point out that touching a person to get their attention was acceptable, provided no greater degree of physical contact was used than was necessary?
Collins v Wilcock (1984)
Wood (Fraser) v DPP (2008)
Which case held that touching the victims clothing can be sufficient for the AR of battery?
R v Thomas (1985)
Can a battery be committed through a continuing act?
Yes
What case is associated with a continuing act?
Fagan v Metropolitan Police Commissioner (1968)
Can a battery be committed through an indirect act?
Yes
What in an example of an indirect act that can amount to battery?
A booby trap
What is an indirect act?
A situation where the defendant causes force to be applied even though they do not personally touch the victim
What are three cases in which an indirect act amounted to battery?
(1) R v Martin (1881)
(2) DPP v K (1990)
(3) Haystead v Chief Constable of Derbyshire (2000)
Can a battery be committed through an omission?
Yes
What is an omission?
A failure to act
Give examples of a duty of care?
(1) contractual
(2) relationship
(3) the assumption of care
(4) from the creation of a dangerous situation
What is the case where an omission amounted to battery?
DPP v Santa-Bermudez (2003)
Does the force have to be unlawful in a battery?
Yes
What are two situations where force can become lawful?
(1) if the victim gives genuine consent to the force
(2) when the force is used in self-defence or the prevention of crime
Is reasonable physical chastisement of a child lawful?
It was but now the Children Act 2004 now provides that a battery committed on a child is unlawful if it results in any injury
Can there be battery without an assault?
Yes
When can there be a battery without an assault?
Where the victim is unaware that unlawful force is about to be used on them such as when the victim is attacked from behind
What is the mens rea for battery?
Either intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied
The defendant must realise there is a risk that their act or omission could cause unlawful force to be applied to another
What offence comes under s 47 OAPA 1861?
Assault occasioning actual bodily harm (ABH)
What classification of offence is ABH?
Triable either way
What is the definition of ABH?
An assault or battery which causes actual bodily harm
Does the actus reus have to be proved for a s 47?
Yes it has to be proven that there was an assault or battery that caused actual bodily harm
What is defined as actual bodily harm?
Any hurt or injury calculated to interfere with the health or comfort of the victim
What case defined actual bodily harm?
R v Miller (1954)
Give some examples of actual bodily harm?
(1) loss of consciousness (T v DPP 2003)
(2) bruising
(3) grazes
(4) scratches
(5) cutting the victims hair (DPP v Smith (Michael) 2006)
Does there have to be physical pain for there to be ABH?
No e.g. cutting hair
Is psychiatric injury classed as ABH?
Yes
Which case established that psychiatric injury amounted to ABH?
R v Chan Fook (1994)
What counts a psychiatric injury?
Bodily harm must be interpreted so as to include recognisable psychiatric illness (R v Burstow 1997)
What is the mens rea of a s 47 offence?
Intention or subjective recklessness as to whether the victim fears or is subjected to unlawful force
This is the same as assault and battery
Which case demonstrates that there is no need for the defendant to intend or be reckless as to whether ABH is caused?
R v Roberts (1971)
Which two cases confirmed the decision in R v Roberts?
(1) R v Savage (1991)
2) R v Parmenter (1991