non fatal law Flashcards
I in idea in assault non fatal offences
identify the d v and offence d may be chat bed with assault on v
D in idea in assault in non fatal offences
Defined in common law
e in idea in assault in non fatal law
to cause the victim to apprehend unlawful force
what does apprehend mean
being afraid, making v scared of what is happening next
what three things need to be proved for an assault
d has done something threatening
v apprehended force as a result of threat
the force v apprehended was immediate
what is battery and assault called together
common assault
what is the mens rea of assault
the intention or recklessness to cause the v to apprehend immediate unlawful force
what is a battery
when hostile force is used, but it doesnt have to cause injury
d in idea battery
defined in common law
e in idea in battery
the actus reus of battery is to apply unlawful force to the victim
what is ment by hostile
unwanted with a lack of consent. and beyond the jostlings of everyday life
occasioning meaning
causing
abh defined in?
s 47 of the offecnes against the persons act 1861
actus reus of assault occasioning abh
is either an assault or battery which causes abh to another person
three elements of the actus reus of the abh
the actus reus of the assault or battery
v sufferes an injury which counts as an abh
the assault/ battery causes the injury
mens rea of assault occationing abh
the same for mens rea of assault or battery
wounding is defined under
s 18 and s 20 od the offences against the persons act 1861
actus reus of wounding
to unlawfully wound a person
mens rea of wounding
weather the offence is malicious and wounding with intent
s20 of oapa
direct intention and recklesness to cause some harm r v mowatt
s 18 of oapa
direct or oblique intention to cause serious harm r v belforn
GBH defined under
s20 and s18 of oapa 1861
read v coker
D and his gang surrounded V rolling up their sleeves making v feel like d was going to attack him
Gestures and actions can be assault eg raising your fist at someone
r v Ireland
D made a number of unwanted phone calls to V and said nothing but breathed heavily
Silence can be assault
Spoken word can be assault
r v constanza
Over 20 months D sent over 800 threatening letters to v
Written words can be assault
tuberville v savage
D placed his hand on his sword and said to v if it were not assize time I would run you through the middle
Words can negate apprehension of the v
dpp v logdon
D pointed a fake gun at v and she was terrified so there was an assault because she apprehended force
It is possible for v to apprehend force even when force is not possible
smith v ccow
Smith v chief constable of Woking
D peered through the window of v late at night
Immediate force doesn’t necessarily mean straight away it means in the near future
r v thomas
A school care taker was convicted of indecent assault after taking hold of the hem of a 12 year-olds skirt
This shows force can be the lightest touch and touching clothes is the same as touching a person.
wilson v pringle
Wilson v pringle
D pulled v backpack causing him to fall over
For battery contact must be unlawful/hostile
Hostile= non-consensual and beyond the jostling’s of everyday
dpp v k
D took acid from science class and hid it in a hand dryer and someone used it and got acid all over them
Force can be applied indirectly eg via an object
r v miller abh
Defined abh as
Any hurt or injury calculated to interfere with the health and comfort of the victim
r v chanfook
Fell out a window trying to escape d and fell out the window and sprained wrist
1 harm cannot be trivial or insignificant 2 psychological hurt can be abh not mere emotions though
dpp v savage
D tried to throw a beer at v but accidently threw the whole glass
D doesn’t need to intend or be reckless to cause ahb they only have to intend or be reckless to cause assault or battery.
t v dpp
D chased v and v fell and briefly lost consciousness
Even short loss of consciousness can be abh
r v savage
D tried to throw a beer at v but accidently threw the whole glass
D doesn’t need to intend or be reckless to cause ahb they only have to intend or be reckless to cause assault or battery.
jcc v eisenhower
Got shot in the eye but this isn’t wounding
Two layers of skin must break for wounding, no internal bleeding.
r v mowat
Cause some harm
S 20
r v belford
Cause serious harm
S 18
dpp v smith gbh
gbh is realy serious harm but doesnt have to be life threatening
r v burstrow
D didnt accept the breakup of him and v and followed her called her and v started to suffer from depression
GBH can be serious psychiatric harm
r v dica
D infected 2 girls with hiv knowing he was hiv positive and diddnt tell them
GBH can be serious biological harm
r v browne and stratton
The d’s attacked one of their fathers who had gone under gender reassignment. causing broken nose, three broken teeth, and cut over an eye
GBH can be accumulation of more minor injuries
r v bollom
D was convicted of casing GBH to a 17 month child after causing bruises and abrasions on the child.
age and health are factors that need to be considered when deciding if its GBH
r v martin
D as a joke, placed a bar in a theatre exit and yelled fire so people would bump into it
gbh can be committed indirectly.
