non fatal offences Flashcards
what type of offence is assault
common law
summary offence
s 39 criminal justice act 1988
what is the max sentence of assault
6 months
what is the actus reus of assault
defendant causes the victim to apprehend immediate unlawful personal violence
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
Constanza
D sent threatening emails over 20 month period
wide interpretation given to the word immediate
logdon V DPP
D threatened V with fake gun V was frightened
impossible to assault but V still afraid so still assault
Lamb
revolver pointed as V as a joke
no fear no assault
Ireland
Series of silent phone calls
silent phone calls can amount to assault
Tuberville V Savage
words did not account to assault
what is the mens Rea of assault
intention or recklessness as to causing V to apprehend immediate unlawful personal violence
case for direct intent
Mohan
aim, want, desire
case for recklessness
Cunningham
unjustified risk taking
what type of offence is battery
common law offence
summary offence under S 39 criminal justice act 1988
max sentence for battery
6 months
what is the actus reus of battery
application of unlawful force
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
