Non Fatal Offences Flashcards
R v Ireland
Silent phone calls
Legal principle: silence can amount to psychiatric injury
Smith v chief superintendent Woking police
D was caught peering through a woman’s window
Legal principle: fear is apprehension of immediate violence
R v Venna
Legal principle: D intended or was reckless that V would apprehend unlawful force
Wilson v Pringle
D grabbed another student’s bag - charged for battery
Legal principle: Hostile touching can amount to battery
R v Lynsey
D spat at V
Legal Principle: D must commit either assault or battery - whichever caused the ABH
DPP v K
Schoolboy took acid from science lesson, placed it in hand dryer so it squirted on another student causing scarring
Legal principle: Force does not directly need to be applied to be liable
R v miller
D had sex w/ wife against her will - convicted of ABH
Legal Principle: hysterical and nervous condition is a form of bodily harm
R v Chan fook
D aggressively interrogated a man who he thought was a thief - left him in locked room and V suffered nervous shock
Legal principle: ABH both includes minor physical injury and clinically diagnosed physiological injury but not emotions such as fear
DPP v smith (2006)
D cut ex’s hair because she woke him up - D charged w assault but didn’t physically cause harm to her hair
Legal Principle - Cutting of hair does amount to ABH
JCC v Eisenhower
D shot at group of people w/ an air gun - hit v and ruptured blood vessel near victims eye - bruising and swelling occurred
LP- A wound required all layers of the skin to be broken - onion example
DPP v Smith (1961)
Policeman tried to stop d driving w stolen goods - jumped on bonnet therefore falling into oncoming traffic and killed
LP- misdirection means subjective test applies
Brown and Stratton
Defendants attacked Stratton’s dad who was undergoing gender reassignment surgery - 3 lost teeth and broken nose
LP- combo of injuries can amount to GBH
