(Crim) Non-Fatal Offences Flashcards
ASSAULT: Tuberville v Savage (1669)
Actus Reus (Negation):
Defendant said “If it were not assize time, I would not take such language”. Which means he was not going to assault V he was not guilty.
ASSAULT: R v Wilson (1955)
Actus Reus:
D called out “Get out the knives” which in itself constitutes as assault.
ASSAULT: R v Ireland (1997) AND R v Burstow (1997)
Actus Reus:
A silent, menacing phone call can be classed as assault.
ASSAULT: R v Light (1857)
Actus Reus:
D held a sword above V’s head and said “Were it not for the policeman, I would split your head open. D negated his statement but seen as though the threat was so harsh he was still guilty.
ASSAULT: Smith v Chief Superintendent of Woking Police Station (1983)
Actus Reus:
V saw D standing in her garden at night. V still feared immediate force even though she was locked inside. D was guilty of assault.
BATTERY: Definition of Battery
Definition:
Intentional of Reckless application of unlawful force.
BATTERY: R v Santana Bermudez (2003)
Actus Reus:
D failed to inform a policeman that he had a needle in his pocket before a search from a policeman. D was guilty of battery by omission.
BATTERY: R v Thomas (1985)
Actus Reus:
D touched the bottom of a woman’s skirt. Judge ruled that this constituted of battery.
ABH: R v Roberts (1978)
Mens Rea:
D gave V a lift and started touching her inappropriately. D jumped out of the car and suffered ABH. D argued he had not intended to cause ABH. But his battery was the leading cause for her ABH so he was guilty.
ABH: R v Savage (1991)
Mens Rea:
D wanted to throw her drink at her ex boyfriend’s new girlfriend, as she threw the drink, she threw the glass as well. She intended to apply unlawful force which was enough mens rea for ABH.
s. 20 GBH: C v Eisenhower (1984)
Actus Reus:
D fired an air pistol hitting V in the eye and causing internal bleeding. Not sufficient to constitute as wounding as the skin had not been broken.
s. 20 GBH: R v Martin (1881)
Actus Reus:
D placed an iron bar on a fire exit and shouted “Fire”. The people rushed out and many were seriously injured. Difficult to view the application of the force but D was guilty.
s. 20 GBH: R v Grimshaw (1984)
Mens Rea:
D was in a pub when she heard someone insult her boyfriend. She turned around and slapped him with a glass. She was found guilty of s. 20.
s. 20 GBH: R v Parmenter (1991)
Mens Rea:
D threw a baby into the air and caught it. D said that he had done this with other children and they had not been harmed. D was not guilty of GBH as he did not intend to injure the child nor did he see the risk of injury.
