Non-Fatal Offences Flashcards
s39 Criminal Justice Act 1988 & Common Law
Assault & Battery
Fagan v MPC
D must intentionally or recklessly cause the victim to apprehend immediate unlawful violence
a. apprehend
b. immediate
c. unlawful violence
d. intentionally/recklessly
Smith v Supt. of Woking; Logdon
Apprehend means that V must be aware that they are about to be subjected to some kind of violence
- An awareness of general violence is enough
- V can have a general awareness even where D is joking
Smith v Supt. of Woking
Immediate means that V apprehends being subjected to violence within a reasonable time
- Outside V’s house was enough to be immediate as could come inside shortly in near future
Ireland; Constanza; Tuberville v Savage
Unlawful violence can be apprehended due to the use of words, gestures or other means;
no force need actually be applied to V
- Silent telephone calls caused V to apprehend violence
- 800 unwanted letters caused V to apprehend violence
- Words can nullify an assault
Savage
Assault
Intention to cause another to apprehend the application of immediate unlawful violence or recklessness as to whether such apprehension is used
Battery
Intention to apply unlawful physical force or recklessness as to that force being applied
Collins v Wilcock
Any touch, however slight is a battery unless generally acceptable within ordinary conduct of daily life
V must not consent to the touch; does not require V to suffer harm or pain
Cole v Turner
Slightest touch can amount to battery where it is done in anger
Application of unlawful force can be by any touching, however slight
Haystead v DPP
The application of force can be indirect
s47 Offences Against the Person Act 1861
Common Assault means there must be an assault or a battery
Occasioning means causing - the common assault must cause the harm.
Smith (ABH)
D’s common assault contributes to the harm in a more than minimal way
White (ABH)
But for D’s common assault, V would not have been harmed
Chan Fook; Donovan
ABH means ‘more than trivial but less than serious harm’ ; or ‘any hurt or injury calculated to interfere with the victims health or comfort’
DPP v Smith
ABH includes any type of hurt or damage
Chan Fook
Can be psychiatric but must be beyond mere emotion
DPP v K
Can be caused indirectly
R v Roberts
D only needs to have the mens rea for the initial common assault; D need not intend or be reckless as to harm V suffers
s20 OAPA 1861
D must wound or inflict grievous bodily harm on V
DPP v Smith
‘Grievous’ means ‘really serious harm’
Burstow
Serious psychiatric injury is capable of being GBH;
Clinical depression after being stalked, harassed
Dica
Biological harm can be classified as GBH
Bollom
V’s age and circumstances can mean that injuries are considered more serious
a. multiple abrasions, bruises on infant qualified as GBH
Brown & Stratton
Several less serious injuries in combination can amount to GBH
Moriarty v Brookes
A wound is ‘a break to the continuity of the whole skin’
R v McReady
An internal cavity that bleeds outside of the body is a wound
ie. nosebleed
JCC v Eisenhower
An internal injury that only bleeds inside is not a wound in law
ie. burst blood vessel is internal bleeding
Savage (s20)
Intention or recklessness as to inflicting some harm. D does not need to intend or risk serious injury to be liable under s20
s18 OAPA 1861
D must intend GBH or wounding; s18 is a specific intent crime
Belfon
D must intend really serious harm; recklessness is not enough (s18)
Taylor
Even for ‘wounding’ under s18, D must intend really serious harm; intention to wound is not enough
