Criminal Law: Non Fatal Offences Flashcards
Smith v Woking Police
assault, AR
D looked at V through a window at night
assault can be through a window if V fears that D is about to be enter and be violent, therefore D had the AR of assault
Ireland
assault, AR
D made silent phone calls to V
silence can amount to the AR of an assault
Tuberville v Savage
assault, AR
D put his hand on his sword and said “if it were not assize time i would not take such language from you”
words can prevent a gesture from being an assault
Logdon
assault, MR
D pointed an imitation gun at V in jest, she was terrified and D then told her it was not real
D had recklessly caused V to apprehend violence, it was irrelevant that D did not intend to carry out the threat — he still caused her fear
Collins v Wilcock
battery, AR
police officer held a woman’s arm to prevent her walking away
any touching can be battery, in this case D had no right to touch V as it was not a lawful arrest
Thomas
battery, AR
school caretaker touched the hem of a girl’s skirt
touching someone’s clothes can be a battery as it is equivalent to touching them
Haystead
battery, AR
D punched girlfriend and caused her to drop the baby on the floor
D was convicted of battery on the baby as an indirect act is enough for the AR of battery
Satana Bermudez
battery, AR
D failed to tell a police officer that he had a needle in his pocket, the PO was injured when searching him
an omission is sufficient for the actus reus of assault
Venna
battery, MR
D struggled with a police officer arresting him and was judged to have committed battery recklessly
D had the MR of battery as they had recklessly applied force to another person
Miller
ABH, AR
domestic abuse case
ruled that ABH includes any injury that interferes with the “health or comfort” of the victim provided it is more than trivial
Chan Fook
ABH, AR
D locked V inside a flat and V suffered injury after escaping from the upstairs window
ruled that ABH includes psychiatric injury but does not cover mere emotions such as fear, there must be some “identifiable clinical condition)
T v DPP
ABH, AR
D chased V causing her to fall and temporarily lose consciousness
loss of consciousness is enough for AR of ABH
DPP v Smith
ABH, AR
D cut off ex girlfriend’s ponytail
cutting off a substantial amount of hair is enough for the AR of ABH
Savage
ABH, MR
D threw beer over a woman in a pub, the glass slipped and cut V but D argued that they did not intend or realise there was risk of injuring V
D was guilty of ABH as all that’s required is the MR of assault or battery, D does not need to intend ABH
by throwing the drink, D intentionally committed battery
Eisenhower
s20, AR
V was hit in the eye which caused internal bleeding
wounding requires 2 layers of skin to be broken and does not include internal bleeding so D did not have the AR of wounding
DPP v Smith
s20, AR
court considered the meaning of GBH in this case
defined it as “really serious harm” such as broken limbs, dislocations and permanent disability
Brown v Stratton
s20, AR
D attacked V causing a broken nose, 3 lost teeth and a concussion
several minor injuries can amount to GBH
Burstow
s20, AR
D made threatening phone calls, stalked, sent letters and stole washing from V. this resulted in V developing depression
inflicting GBH is the same as causing it and GBH includes psychiatric injury
Dica
s20, AR
D infected 2 women with HIV
infecting someone with a biological disease can be GBH
Parmenter
s20, MR
D threw 3 month old baby into the air and caught him, D did not realise there was any risk of injury
D must foresee the risk of some harm but need not intend or foresee serious injury
Belfon
s18, MR
D slashed a man with a razor, causing severe wounds to his head and chest
D intended to cause serious harm so had the MR of s18
Morrison
s18, MR
D resisted arrest by diving through a window, dragging the officer into broken glass
D was convicted of s18 as he had the MR to be reckless as to some injury — D foresaw that his actions of resisting arrest might cause some harm
