Criminal Flashcards
What are the non fatal offences in order of seriousness and what section is each one in?
assault and battery - 39
assault occasioning ABH -47
wounding/inflicting GBH- s20
GBH with intent- s218
What act is common assault under ?
Criminal justice act 1988
What is the punishment for common assault
max of 6 months imprisonment / fine up to 5k pounds or both
Define assault
causing immediate fear of unlawful force.
What case defined that a letter can be deemed assault
Constanza 1997 - D wrote 800 letters to V
What case is counted as omission being sufficient enough to constitute assault
Ireland 1997 where it was held that silent phone calls can be assault
What are the two sections of Actus Reas in assault
An act and the apprehension of immediate unlawful force
What is meant by “ an act “ and two case examples
Words or physical action seeing as omission isn’t enough. Constanza 1997 and (Ireland 1997 only omission exception)
What is meant by “ apprehension of immediate unlawful force “
Act/words that cause the apprehension that immediate force is going to be used against them. Immediate force doesn’t have to be instantaneous but imminent.
Lamb 1967
decided that pointing a gun at someone who knows its not loaded is not assault as they don’t fear force is going to be used against them.
What case show that assault can be through a window?
Smith v Chief Superintendent of Woking Police Station 1983 - D broke into Vs window and stared through it
What case does this principle come from - words indicating there’ll be no violence prevents it being assault
Turbeville 1669 - not assault because he said “ were it not assize time I would not take such language from you “
Which case violated the “words indicating there was no violence” principle and why was it assault ?
Light 1857 - D raised sword over wifes head and said “ if not for the policeman outside, id slice your head open “ assault because she feared force was going to be used against her
Define battery
Application of unlawful force with intent to harm others or being reckless as to whether force is applied.
Actus Reus of battery
Application of unlawful force can be slightly misleading as it can include the slightest of touching and it must be a voluntary act inflicting personal violence
A case to explain the AR of battery and what did the court point out.
Collins V Wilcock 1984 - 2 officers saw 2 prostitutes, asked them to get in their car she said no and tried to walk off but police grabbed her hand and she scratched him. Court pointed out that if its to get someones attention its not battery.
Another case explaining the slightest of touching
Thomas 1985 - D touched the bottom of Vs skirt and rubbed it. Obiter of CoA : touching their clothes while they’re wearing them is still touching them
Give a case example for Continuing act
Fagan 1968 - D accidentally parked on officers foot but when he asked him to move he refused. Court said full battery wasn’t committed until the intention was formed
Case example for Indirect act
Martin 1981 where D put iron bar across a doorway in a theatre and switched off the lights, several were injured.
When does omission make you criminally liable and a case to explain
when you are under a duty to act eg. santa Bermudez 2003 where police asked D if they had any sharp objects and they said no but when she checked their pockets there was a needle and it caused her to bleed. court held D failure to act constituted battery.
When is force lawful ? A case to support
In the correction of a child. UK 1998 where jury acquitted father who beat his son with a garden cane.
