Non Fatal Offences Flashcards
What act covers Assault and Battery + section
S.39 Criminal Justice Act 1988
What act covers Actual Bodily Harm (ABH), Malicious Wounding and Grievous Bodily Harm (GBH), Malicious Wounding and GBH with Intent?
Offences Against the Person Act 1861
S.47- ABH
S.20- GBH
S.18- GBH with Intent
Definition of Assault and Case it originated
An act which causes the victim to apprehend affliction of immediate unlawful force, with either intention or recklessness as to whether such fear is caused - Collins v Wilcock 1984
Actus Reus elements of assault
“an act”
“Which causes the victim to apprehend the infliction of immediate unlawful force”
Mens Rea element of assault
“intention to cause another to fear unlawful force”
“Recklessness as to whether such force is feared”
Is assault a positive act or omission
Positive act
What can the act come from, include relevant case names
Words which are written or spoken - R v Constanza
Physical actions or conduct - Stevens v Meyers
Silence - R v Ireland
When will there be no assault
If it is impossible for the defendant to actually use force - R v Lamb
What can ‘immediate force’ mean?
Could mean imminent Force as in Smith v Chief Constable of Woking Police Station
When is force lawful
If the victim consents to such force
Acting in self-defence
Preventing a crime
What are the causation tests for assault
Factual- ‘but for’
Legal - Deminimis Principle and operative and significant cause
What is the ‘but for’ test? What are the possible answers?
But for the defendants actions would the victim have suffered the consequences?
No- the defendent is the factual cause (R v Pagett)
Yes- The defendent is not the factual cause (R v White)
What is the deminimis principle?
The defendants conduct must be more than the minimal cause of the consequence R v Kimsey
What is the operative and signifcant cause
Was the defendents action’s or omissions an operative and significant cause - chain of causation
What are the novus actus interveniens
Act of a third party - must be sufficiently independent from defendants actions
Victims own act - if the acts of the victim are unforseeable
A natural but unprecedented event
What is the mens rea of assault
Direct Intention (R v Mohan) Indirect Intention (R v Woollin) Recklessness
What is Direct Intention
Intention to bring about desired consequence.
what is indirect intention
virtual certainty test - consequence of action s is a virtual certainty / defendent aware of risk
What is recklessness
Would the defendant realise there was a risk that their actions could cause the victim to apprehend fear and did they take the risk?
Can an assault be negated
words can negate an assault - Tuberville v Savage
if indicate no threat of violence or a joke
Battery Definition
Application of unlawful force to another person, with intention or recklessness as to whether such force is applied
Actus reus of battery
application of unlawful force
Mens rea elements of battery
Intention to apply unlawful force
Recklessness to whether such force is applied
Is battery always a positive act
Battery can occur through omission
Actual Bodily Harm
Any hurt or injury calculated to interfere with the health and comfort of the victim R v Miller
Injuries that can amount to ABH
Temporary loss of consciousness T v DPP
bruises, grazes, and scratches R v Donovan
Minor fractures R v Venna
Depression / psychological harm
Malicious Wounding and GBH
a cut or break in the continuity of the skin (includes internal skin) Internal bleeding with no break on outer skin is not a wound. A broken bone is only GBH is it is compound (breaks through surface of the skin)
