Non Fatal Offences Flashcards
what are the lawful excuses?
consent
prevention of a crime/self defence
reasonable punishment of a child(2004)
what does s39 of the criminal justice act cover & maximum punishment?
common assault including assault and battery
£5000 fine and/or 6 months imprisonment
definition of battery
application of unlawful force to another person either with the intention to apply unlawful physical force or whether you were reckless as to whether unlawful force was applied.
donnelly v jackman
implied consent
collins v wilcock
restraint goes beyond consent
wood v dpp
officers can’t use force unless arrest
r v Thomas
touching someones clothes is the same as touching them.
Fagan
drove onto police mans foot unintentionally, them wouldn’t remove the car from his foot, developed mens rea- a continuing act
constable of Derbyshire
transferred malice- child was dropped
definition of assault
the apprehension of immediate unlawful force either with the intention for another to fear the application of immediate unlawful personal violence or whether you ae reckless to whether such fear is caused
r v nelson
done something of a physical kind which causes someone else to believe that they are about to be struck
r v constanza
letter was sent, last 2 words seen as a threat, wasn’t fear of immediate violence but iminent is sufficient
r v ireland and burstow
silent phone calls, must be fear of unlawful immediate violence not just fear alone.
r v savage
words can negate an assault
r v light
act was too threatening, words couldn’t negate assault
r v venna
intent or subjective recklessness- see the risk but continue anyway
offences against the person act (1861)
assault occasioning abh
malicious wounding or inflicting gbh
wounding or causing gbh with intent
s47 assault occasioning abh
5 years imprisonment
an assault which causes abh and D intends or is subjectively reckless as to whether V fears unlawful force or is actually subjected to unlawful force
r v Donovan
harm more than transient
r v chan fook
can be temporary harm
can be psychological harm, more than mere emotion
r v miller
interferes with health and comfort
t v dpp
loss of consciousness even momentarily amounts to abh
dpp v smith
physical pain not necessary
r v burstow
recognised medical condition can be abh
r v Roberts
don’t need mens rea for the type of harm caused
malicious wounding or inflicting gbh s20
5 years imprisonment
whosoever shall unlawfully or maliciously wound or inflict gbh upon any other personwith or without an instrument or weapon shall be guilty of an offence and shall be liable
eisenhower
internal bleeding is not a wound
moriarty v brooks
wound is a break in the continuity of the skin
r v martin
serious harm can be caused through indirect act, chain of events
dpp v smith
grievous is really serious
r v saunders
no difference between grievous and serious
r v dica
hiv, inflict harm via disease
r v bollum
baby covered in bruises, gbh because of vulnerability
level of harm for abh-a few examples
chipped tooth loss of consciousness displaced/broken nose psychiatric condition temporary loss of function bruise
level of harm for gbh
permanent disability loss of senses coma long period of hospital treatment substantial loss of blood blood transfusion fractured skull unconscious for 2+ minutes
r v Cunningham
intention to the particular type of harm or recklessness as to whether such harm should occur or not-foreseen harm but continued
r v parmenter
must have intention or subjective recklessness to harm not to serious harm.
wounding or causing gbh with intent s18
life imprisonment
whosoever shall maliciously or unlawfully by any means whatsoever wound or cause any gbh to any person, with intent to do some gbh to any person or with intent to resist or prevent lawful apprehension or detainer of any person, shall be guilty of an offence.
r v Taylor
intention to wound isn’t enough. must intend gbh
r v Morrison
can be reckless to harm if resisting arrest
ar of s18
wound or cause gbh
mr of s18
intention to cause gbh/intend to prevent lawful detainer. can be reckless to foreseeing harm if resisting arrest
