non fatal offences Flashcards by mia stothard

what type of offence is assault

common law
summary offence
s 39 criminal justice act 1988

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what is the max sentence of assault

6 months

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what is the actus reus of assault

defendant causes the victim to apprehend immediate unlawful personal violence

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Smith V Chief Constable of Woking Police

D entered garden and stared at V through window causing her to jump in fright
wide interpretation given to the word ‘immediate’ V did not know what D was going to do but still felt fear

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Constanza

D sent threatening emails over 20 month period
wide interpretation given to the word immediate

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logdon V DPP

D threatened V with fake gun V was frightened
impossible to assault but V still afraid so still assault

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Lamb

revolver pointed as V as a joke
no fear no assault

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Ireland

Series of silent phone calls
silent phone calls can amount to assault

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Tuberville V Savage

words did not account to assault

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what is the mens Rea of assault

intention or recklessness as to causing V to apprehend immediate unlawful personal violence

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case for direct intent

Mohan
aim, want, desire

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case for recklessness

Cunningham
unjustified risk taking

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what type of offence is battery

common law offence
summary offence under S 39 criminal justice act 1988

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max sentence for battery

6 months

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what is the actus reus of battery

application of unlawful force

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how much force is needed?

any unlawful physical contact can amount to battery no need to prove pain

Thomas

Caretaker touched hem of girls skirt
slightest touch can amount to battery

Haystead

man punched woman who was holding a baby as a result the baby fell and hit head
force can be indirect

DPP V K

Boy placed acid in a hand dryer and V used it and was covered In acid
force does not need to be directly applied to V can be through an implement

DPP V Santana Bermudez

D failed to notify the officer conducting a search about needle In his pocket officer was stabbed by the needle.
battery can be through omissions

what is the mens Rea of battery

intention or recklessness as to the application of unlawful force

case for direct intention

Mohan
aim, want, desire

case for recklessness

Cunningham
Unjustified risk taking

what type of offence is ABH

statutory offence under s 47 offences against the persons act 1881
either way offence

max sentence for ABH

5 years

what is the actus reus of ABH

an assault or battery occasioning to actual bodily harm

what is actual bodily harm

Miller- actual bodily harm is any hurt to injury that interferes with the health or comfort of the victim

what needs to be proven for ABH

- the AR of the assault or battery -causation -harm has to equate to actual bodily harm

DPP V Smith

unlawfully cutting V hair amounts to actual bodily harm

T V DPP

loss of consciousness even momentarily can amount to actual bodily harm

Chan-Fook

includes psychiatric injury but must be identifiable clinical conditions

causation

'but for test' factual causation (Pagett) "de minimus rule' legal causation (smith) No intervening acts (Roberts) Thin skull rule (Blaue)

what is the mens Rea of ABH

D only needs to have the mens Rea for the assault or battery

Savage

D threw pint over V it slipped broke and cut V's hand, it was never D's intention to throw glass No need to demonstrate the D had MR in relation to the level of harm inflicted