Criminal Law - Non Fatal Offences Against The Person

Question 1

What is actual bodily harm?

Answer 1

Offence against the person act 1861
S47 - assault occasioning actual bodily harm

Question 2

What is meant by assault (ABH)?

Answer 2

The actus reus of assault or battery resulting in ABH
DPP v Taylor

Question 3

What is meant by occasioing (ABH)?

Answer 3

Need
Factual causation (R v White)
Legal causation (R v Smith) - operant and substantial with no intervening acts, need not be the only cause

Question 4

What is meant by ABH?

Answer 4

R v Donovan - any hurt or injury calculated to interfere with the health or comfort of the victim
Need not be permenant - T v DPP
More than merely transient and trifling
Mind or body (psychological in R v Chan Fook)
DPP v Smith - can be cutting hair

Question 5

What is the mens rea for ABH?

Answer 5

Intention or recklessness to cause the assault or battery
Need not foresee harm - R v Roberts and confirmed in R v Savage

Question 6

What is assault?

Answer 6

S39 Coroners and Justice Act 1988 - anything the victim does to apprehend the immediate unlawful force/violence

Question 7

What is meant by apprehend (assault)?

Answer 7

General awareness of violence - Smith v CS Woking Police

Question 8

What is meant by immediate (assault)?

Answer 8

Within a reasonable period of time - smith v CS of Woking police

Question 9

What is meant by force/violence (assault)?

Answer 9

Doesn’t need to be physical violence - R v Ireland

Question 10

What can count as assault?

Answer 10

Words
Silent phone calls - R v Constanza
Racist letters - DPP v Ramos
Spitting - R v Misalati

Question 11

What is the mens rea of assault?

Answer 11

Intention or recklessness to cause the actus reus
R v Mohan
R v Cunningham

Question 12

Can assault be conditional?

Answer 12

No, if there is a condition it cannot be assault (R v Tuberville and Savage)

Question 13

What is battery?

Answer 13

The application of unlawful force
Can be any touch as long as it goes beyond the norms of everyday conduct
R v Thomas (touching a skirt)
Collins v Wilcock (police officer and prostitute)
Wood v DPP
Pegram v DPP
R v Fagan (continuing act)

Question 14

Can battery be indirect?

Answer 14

Yes, DPP v K (acid in a hand-dryer)

Question 15

Can battery be an omission?

Answer 15

Yes - DPP v Santa-Bermudez

Question 16

What is the mens rea of battery?

Answer 16

Intention or subjective recklessness to cause unlawful force

Question 17

What is grievous bodily harm (S20)?

Answer 17

S20 Offence Against The Person Act - wounded or inflicted GBH intending some injury to be caused or being reckless as to whether some injury is caused

Question 18

What is meant by wounding (GBH)?

Answer 18

A break to the continuity of the whole skin (JCC v Eisenhower) (Moriarty v Brookes)

Question 19

What is meant by inflicted (GBH)?

Answer 19

To cause

Question 20

Some injury (GBH)?

Answer 20

R v Savage

Question 21

What is meant by GBH?

Answer 21

Really serious harm (DPP v Smith)
Need not be permenant or life threatening
Brief unconsciousness can count - R v Hicks
Inflicting a severe disease - R v Dicks
Can be psychiatric if clinically severe - R v Burstow

Question 22

What is meant by reckless (GBH)?

Answer 22

Maliciously (unclear meaning - area for reform)
R v Cunningham

Question 23

What is grievous bodily harm S18?

Answer 23

S18 offence against the person act - intention to cause really serious harm
R v Woollin
Intention to wound is insufficient for mens rea
R v Taylor

If you resist or prevent arrest there need only be recklessness as to causing a wound or injury