NFO Flashcards
Assault MR
Intention to cause apprehension of immediate personal violence, or recklessness as to whether apprehension occurs
Assault AR
Defendant causing the victim apprehension of immediate personal violence
Battery AR
Application or infliction of unlawful personal violence
Battery MR
Intention to apply unlawful personal violence, or recklessness as to whether personal violence is applied.
S47 ABH AR
AR of assault or AR of battery that causes ABH.
S47 ABH MR
Intention to cause ABH through assault or battery, or recklessness as to whether ABH occurs.
S20 GBH AR
Causing wounds or GBH
S20 GBH MR
Intention to cause some injury, or recklessness as to whether some injury occurs
S18 GBH AR
Inflicting wounds or GBH
S18 GBH MR
Intention to cause GBH or resisting arrest
Assault/Battery type of offence
Common law offences
Summary offences
Magistrates court
Assault/Battery sentencing
6 Months
£5,000 fine
S47 ABH
S20 GBH
S18 GBH
Type of offences
Statutory offences originating from Offences Against The Person Act 1861
S47 ABH
S20 GBH
Sentencing
Maximum 5 years
S18 GBH sentencing
Maximum life in prison
Assault is apprehension
Logdon v DPP where a fake gun is pointed and causes fear oh no
Assault is threats and stalking
Constanza case
Silent phone calls cause apprehension
R v Ireland
Battery is unlawful physical force
Collins v Wilcock where implied consent occurs in handshakes and crowded places
Indirect battery using an extension of the body
Haystead v CC of Derbyshire where a man punched a woman and she dropped her baby
Extension of the body is still the body
R v Thomas where touching a skirt is like touching the woman herself
Lawful force is not battery
Self defence must be reasonable and proportionate
ABH is…
…such injury that interferes with health and comfort as in R v Miller
ABH is discomfort as in cutting of hair
DPP v Smith
Unconsciousness is ABH
T v DPP
Psychiatric injury is more than mere emotions
R v Chan Fook
